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HomeMy WebLinkAbout9276-9299RESOLUTION NO. 9299 (2002 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER WHEREAS, by Resolution No. 9037 (2000 Series), the City Council appointed Ken Hampian as City Administrative Officer; and WHEREAS, by Resolution No. 9218 (2001 Series), the City Council established compensation for City Administrative Officer Ken Hampian; and WHEREAS, the City Council conducted a performance evaluation on March 14, 2002 in accordance with the Appointed Officials Performance Process as modified in November of 2001; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 11, 2002, the City Administrative Officer's salary shall increase to $12,083 per month which includes the employee's 7% PERS contribution. SECTION 2. All other compensation and benefits afforded the City Administrative Officer under Resolution No. 9247 (2001 Series), Resolution No. 9218 (2001 Series), Resolution No. 9088 (2000 Series), and the City Administrative Officer Employment Agreement (Resolution No. 9037, 2000 Series), not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Administrative Officer annually. On motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, and Mayor Settle NOES: None ABSENT: None Mulholland, Schwartz, Vice Mayor 9299 Resolution No. 9299 t2 Series) Page 2 The foregoing Resolution was passed and adopted this 2nd day of April 200 V MAYOR ALLEN SE ATTEST: c LEE PRICE, CITY CLERK 'APPROVED AS TO FORM: °r •• ATTORNEY u i 0 • o RESOLUTION NO. 9298 (2002 Series) RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR ANNEXATION OF TERRITORY INTO THE CITY LIMITS OF THE CITY OF SAN LUIS OBISPO WHEREAS, the City of San Luis Obispo recently purchased approximately 154 acres of land from Jack and Pat Foster, which property is outside the corporate limits of the City of San Luis Obispo; and WHEREAS, said property has been dedicated as permanent open space, and is bordered by open space lands within the city limits; and WHEREAS, in order that the rules and regulations governing use of said open space lands can be properly enforced, the property must be within the city limits of the City of San Luis Obispo; and WHEREAS, the City Council of the City of San Luis Obispo therefore desires to initiate proceedings pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for annexation of territory into the City of San Luis Obispo; and WHEREAS, the territory included within the boundaries of the annexation is uninhabited (that is, it holds less than 12 registered voters) and a map of the territory to be annexed is included with this Resolution as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby requests that the Local Agency Formation Commission of San Luis Obispo County (LAFCO) is hereby requested to undertake proceedings for the annexation of territory as authorized and in the manner provided by the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000. BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the City Administrative Officer to take all actions necessary and proper to effect this annexation. On motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None Resolution No. 9298 (200 Series) O Page 2 The foregoing resolution was adopted this 2nd day of April 2002. Allen K. Settle, Mayor Lee Price, City Clerk APPROVED AS TO FORM: 111, A p4 :1 0 . OQ �n � B 00.0° 'af tr ru u O� i I �J•rin�/ ti _ 1 ® ;Resolution No. 925 s g4 IZ ] 2 Zc uI yam`\ _ 2 �� rte, � ✓. i c�� / %`� � ice. /�,. �J ., = b 4 Ot r ,Tr r� -fir. � /I% ' ra ?• bJ� � L c L y �K �r 90 � • - 1 -J J •rte 1 zqoo/ U.. v oa o , n 2 s�y�x z ax 'S 2 °eetsx rLS:s• qD 0 D� RESOLUTION NO. 9297 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION AND VESTING TENTATIVE TRACT MAP FOR PROPERTY LOCATED ON 1144 WALNUT STREET; TR/ER 130 -01 (Tract 2447) WHEREAS, the City Council conducted a public hearing on March 19, 2002, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California for the purpose of considering Tract 2447, a condominium subdivision with 17 units and environmental review; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings on December 19, 2001 and again on January 9, 2002, for the purpose of considering Application TR/ER 130 -01, a condominium subdivision with 17 units; and WHEREAS, the Architectural Review Commission conducted a public hearing on February 4, 2002, and approved the proposed building designs for the project; and WHEREAS, the City Council reviewed and considered the Mitigated Negative Declaration of environmental impact and the mitigation monitoring program prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed map is consistent with the General Plan because the subdivision will provide for high- density residential development. 2. As conditioned, the design or improvement of the proposed subdivision is consistent with the General Plan because each dwelling has access to a compact, private open space area and the development will occur as part of the neighborhood pattern anticipated for the high density residential zone. 3. The site is physically suited for the proposed type of development because it is an under- developed site that is adjacent to an existing street right -of -way. R 9297 Resolution No. 9297 (2002 Series) Page 2 4. As conditioned, the site is physically suitable for the proposed density of development because the site is within an existing City block, services are available to serve the development, and utilities have been designed to serve the site per City standards. 5. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat areas for fish or wildlife. 6. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the type of improvements are residential and development will be designed to meet existing building and safety codes. 7. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 8. The Mitigated Negative Declaration for the project adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce these impacts to less than significant levels. SECTION 2. Environmental Review. The City Council does hereby adopt a Mitigated Negative Declaration for the project, with the following mitigation measures and monitoring programs. 1. Mitigation The final project design shall comply with all recommendations of the July 18, 2001 acoustical analysis prepared by Brown - Buntin Associates for the project. e Monitoring Program: This mitigation measure will be monitored through the Building Permit application process. Where compliance is not evident through an evaluation of construction drawings, notes shall be added to the project plans to insure implementation of the recommendations. 2. Mitigation In coordination with the City Traffic Engineer, immediately contact Caltrans District 5 staff and determine the potential for adjusting the timing of the traffic signals at Walnut Street and Santa Rosa Street (SR 1). The objective of these potential signal timing adjustments would be reduce the westbound queue on Walnut Street during peak traffic periods such that ingress and egress at the project driveway from Walnut street is not obstructed. O O Resolution No. 9297 (2002 Series) Page 3 • Monitoring Program: Monitoring of the mitigation measure shall include the following components: A. Retain a qualified traffic specialist to observe traffic operations on Walnut Street between Santa Rosa and Toro Streets during am and pm peak traffic periods. These observations shall be conducted six months from the time the project is fully occupied; and again at one year from full occupancy; and two years from full occupancy. B. Traffic observations shall note the length of any queue of eastbound vehicles on Walnut Street at the project driveway and its effect on traffic operations. A significant traffic operations problem will exist when: i. The length of any eastbound queue extends across the driveways serving the Washington Mutual Bank (1106 Walnut Street) or the office complex across Walnut Street (656 Santa Rosa Street). Or ii. City records show an incidence of traffic collisions associated with vehicles turning into the project driveway at a rate equal to or grater than 2 collisions for any 12 -month period. . C. The traffic specialist will prepare a brief written report with findings and submit it to the City's Traffic Engineer for review and acceptance. The Engineer may require other field observations if the specialist's report is inconclusive. 3. Mitigation If the Mitigation Monitoring program for the above mitigation measure determines that alternative mitigation measures are necessary to mitigate significant impacts, then the following mitigation measures shall apply to the project, to the approval of the City's Traffic Engineer: A. Further modifications to the Santa Rosa - Walnut Street traffic signals to improve traffic flow along Walnut Street during peak traffic periods and reduce traffic queues. B. Re- striping of the street and removing curb parking to create a center turn lane serving fronting properties. C. Other safety measures deemed effective by the City's Traffic Engineer. • Monitoring Program: Monitoring of the mitigation measure will be performed by the City's Traffic Engineer based on the report to be submitted by the applicant's traffic consultant. If the first mitigation measure is not feasible because of problems coordinating with Cal Trans, then this mitigation measure will be required with the initial project development and will be monitored by Community 0 o Resolution No. 9297 (2002 Series) Page 4 Development Department Staff in coordination with the Traffic Engineer and other Public Works Department Staff as improvement plans and building plans are submitted for the project. 4. Mitigation The Conditions, Covenants, and Restrictions (CC &R's) for the project shall include a requirement, to be enforced by the Homeowners' Association and the City, that all garages must be available for parking two vehicles at all times. • Monitoring Program: Planning Division staff will insure that this language is included in the project CC &R's with their normal review of the CC &R's for the project. 5. Mitigation The final project shall be designed to include locations for the collection of recyclable materials and sufficient space shall be provided for each unit to store a waste wheeler for recycling service from the local garbage company. • Monitoring Program: This mitigation measure will be monitored by Planning Division Staff through Architectural Review, the Building Permit plan check process and through blue card (final) inspections of the project site. SECTION 3. Action. The City Council does hereby approve application TR -ER 130 -01, a 17 -unit condominium project on 1144 Walnut Street, subject to the following conditions and code requirements. 1. The damaged detached sidewalk along the westerly frontage shall be replaced per city standard. The detached sidewalk shall transition after the telephone and electrical equipment pedestals to an integral sidewalk. New curb and gutter shall be installed where gutter does not exist along this section of frontage. 2. Disabled access ramps shall be provided at the new entrance to the satisfaction of the Public Works Director. 3. The section of damaged sidewalk near the intersection of Walnut and Toro at the power pole shall be replaced. The damaged disabled access ramp at the corner shall be replaced. 4. Sewer lateral and storm drain improvements extending into Cal Trans right -of -way shall be reviewed and approved by Cal Trans. A city encroachment permit is also required for review of connection to the city sewer main. 5. Provide a new street light near the driveway entrance to the project to the satisfaction of the Public Works Director. • 9 Resolution No. 9297 (2002 Series) Page 5 6. Provide public pedestrian easements as necessary to accommodate ADA access at curb ramp and/or driveway entrance. 7. The subdivider shall dedicate a public utility easement, 2 meters wide, across the portion of the property that is contiguous to the Walnut Street and Toro Street rights -of -way. Easements for onsite public utilities and appurtenance purposes shall be provided to the satisfaction of the Public Works Director and the utility companies. 8. The subdivider shall dedicate a public street tree easement, 3 meters wide, across the Walnut Street frontage of the property. 9. The project shall be graded to preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Director of Public Works. 10. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 11. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 12. Prior to approval of the public improvement plans, the developer's engineer shall submit a digital copy of the public improvement plans, signed and stamped by the engineer of record, to the Director of Public Works. All digital plans submitted to the City shall be compatible with the City's system (the current City format is Autocad, Digital Interchange Format, DXF, for Geographic Information System purposes). 13. Upon completion of the public improvements, an "as- built" version of the digital copy shall be submitted, which include any approved change of plan revisions, in addition to as -built tracings, prior to the City's acceptance of said improvements. 14. Applicant shall install a "street type" entrance to the driveway at Walnut Street, with sidewalk curb ramps on either side. Five (5) meters of red curb shall be installed on either side of driveway, extending from the back of each curb return. 15. Applicant shall provide short and long -term bicycle parking consistent with provisions of Section 17.16.060 of the Municipal Code and with standards contained within the 1993 Bicycle Transportation Plan. Project plans reviewed by the ARC shall show how these code requirements have been met. 16. A safe overflow will be required to convey runoff from this site to a safe point of disposal to the approval of the Chief Building Official. • o Resolution No. 9297 (2002 Series) Page 6 17. Final grades and alignments of all water, sewer and storm drains (including service laterals and meters) shall be subject to change to the satisfaction of the Director of Public Works and Utilities Engineer. 18. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 19. Conditions, Covenants and Restrictions (C.C. &R.$) are required, to the approval of the Community Development Director and the Public Works Director. 20. The project shall meet the City's parking space requirement through the provision of additional on -site parking, reduction of the parking requirement by eliminating bedrooms, or both, to the approval of the Community Development Director. 21. The subdivider shall place underground, all existing overhead utilities adjacent to the tract boundary along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. 22. The redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If the sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the internal condition of the pipe to the Utilities Department for approval. 23. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 24. The windows on the rear elevations of Units 9 -12 shall be operable, to the approval of the Chief Building Official. 25. The driveway width at the project entrance and adjacent to Unit 1 and Unit 17 shall be a minimum of 20 feet. Driveways in other locations on the project site may be 16 feet wide. Code Requirements 1. A water allocation is required, due to the additional demand on the City's water supplies. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781 -7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of $150 per bathroom retrofitted. 0 o Resolution No. 9297 (2002 Series) Page 7 2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and Wastewater Impact Fees are charged on a "per residential unit" basis. 3. The on -site sewer shall be privately owned and maintained. The water meters shall be manifolded in groups of no more than 4 -1" meters or 6-3/4" meters. If the units are to be air -space condos, they can use a separate fire sprinkler service and the domestic water meters can be 3 /a ". Otherwise, water for the fire sprinklers shall pass through the domestic water meters, which then must be 1" size. 4. In the event the units are to be air -space condos, a separate connection would be required for automatic fire sprinklers. The fire service lateral shall include a USC approved backflow preventer appropriate for the proposed use. The backflow preventer shall be located as close to the public right -of -way as possible, in direct alignment with the connection to the public water main. The backflow preventer can be located no further than 25 feet from the right -of -way line without prior written approval of the Utilities Engineer. If the fire service supports one or more fire hydrants, the USC approved backflow preventer shall also include detector capabilities (double detector check assembly). The FDC may be located behind the backflow prevention assembly, in accordance with manufacturer's recommendations. The location and orientation of the FDC shall be approved by the Fire Department. A monthly service fee of $22.40 shall be required if the property does not have a connection to the City system for domestic use. 5. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to address the recycling of construction waste for projects valued at over $50,000 or demolition of structures over 1000 square feet. The recycling plan shall be submitted to the Building Department with the building plans. The City's Solid Waste Coordinator can provide some guidance in, the preparation of an appropriate recycling plan. 6. In addition to the proposed tree preservations and/or relocations, street trees shall be planted along Walnut and Toro per city standard. Tree species and locations shall be reviewed and approved by the City Arborist prior to building permit issuance. 7. Access shall be in accordance with Article 9 of the California Fire Code, and to the approval of the City Fire Marshall. 8. A hydraulic analysis of the storm drain system based upon a 10 year storm shall be submitted -at the time of building permit application to insure compliance with existing City standards. On motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None • 0 Resolution No. 9297 (2002 Series) Page 8 The foregoing resolution was passed and adopted this 19th day of March 2002. A' Lee Price, City APPROVED AS TO FORM: r4 INNER LID qo uU, ry . • 01 RESOLUTION NO. 9296 (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HOLDING IN ABEYANCE THE APPEAL OF THE CULTURAL HERITAGE COMMITTEE'S HISTORICAL SIGNIFICANCE DETERMINATIONS FOR THREE OF THE BUILDINGS LOCATED AT 2238 BROAD STREET UNTIL A FULL AND INDEPENDENT ANALYSIS OF CULTURAL RESOURCES ISSUES IN AN EIR IS COMPLETED (ARC 138 -00) WHEREAS, the Cultural Heritage Committee conducted a public hearing on November 26, 2001 and determined that the buildings located at 2238 Broad Street are significant historic buildings based on findings consistent with the City's Historical Preservation Program Guidelines and the California Environmental Quality Act; and WHEREAS, the project applicant provided supplemental information on the historical significance of the buildings, hazardous materials in the structures, and structural integrity of the buildings following the Cultural Heritage Committee's public hearing on the issue that may have impacted the Committee's ultimate historical significance determinations on the three buildings in question; and WHEREAS, the project will require the preparation of an Environmental Impact Report (EIR) which among other issue areas, will address the historical significance of buildings that presently exist on site; and WHEREAS, the City Council conducted a public hearing on March 19, 2002, and has considered testimony of the appellants, interested parties, the records of the Cultural Heritage Committee hearing and action, supplemental information, and the evaluation and recommendation of staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the determination of historical significance, and possible mitigation strategies for the three buildings located at 2238 Broad Street, be put in abeyance until the completion of an independent Cultural Resources analysis in the EIR prepared for the project, and that no City approvals shall be granted to demolish the buildings until a final historical determination is made by the City Council. On motion of Council Member Schwartz, seconded by Mayor Settle, and on the following roll call vote: AYES: Council Member Marx, Schwartz and Mayor Settle NOES: Council Member Mulholland ABSENT: Council Member Ewan 9296 O City Council Resolution No. 9296 (2002 Series) Page 2 The foregoing resolution was passed and adopted this 19`h day of March 2002. M r Allen Set e City APPROVED AS TO FORM: LWW WIN ,4 .4WM u - gensen G � ry ;3�w�i � LI) i U �D� 0 3 RESOLUTION NO. 9295 (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AFFIRMING THE DETERMINATIONS OF THE CULTURAL HERITAGE COMMITTEE THAT TWO BUILDINGS LOCATED ON 497 MARSH STREET ARE SIGNIFICANT HISTORIC BUILDINGS AND THAT THEIR LOCATIONS ARE AN INTEGRAL PART OF THEIR SIGNIFICANCE (ARC 164 -01) WHEREAS, the Cultural Heritage Committee conducted a public hearing on January 28, 2002 and determined that the buildings located on 497 Marsh Street are significant historic buildings and that their locations are integral to their significance based on findings consistent with the City's Historical Preservation Program Guidelines; and WHEREAS, two historical evaluations have been prepared for the project that include information supporting the Cultural Heritage Committee's significance determinations; and WHEREAS, the City Council conducted a public hearings on March 5, 2002, and on March 19, 2002 and has considered testimony of the appellants, interested parties, the records of the Cultural Heritage Committee hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council affirms the significance determinations made by the Cultural Heritage Committee for two buildings located on 497 Marsh Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the two buildings located on 497 Marsh Street are significant historic resources and that their locations are an integral part of their significance, based on the following findings: SECTION 1. Findings. The buildings are closely associated with a historical person, Criteria VI.2 in the Historical Preservation Program Guidelines. The property's original owner and resident, Antonio G. Pinho, was a Portuguese immigrant who served on the City of San Luis Obispo Board of Trustees in 1901 and served as a city firefighter and Treasurer of the Fire Department for at least 15 years. 2. The buildings are architecturally significant because they demonstrate traditional, vernacular and/or eclectic influences that represent a particular social milieu and period of the community; and because of the uniqueness of their hybrid styles (separate main house and kitchen, believed to be for fire safety) and how these styles are put together. R 9295 o City Council Resolution No. 9295 (2002 Series) Page 2 3. The location of the house and the detached building (formerly a kitchen and washroom for the residence) reflect the social status of the original builder and occupant and exhibit important information regarding the social context of the building and occupant because other significant individuals in the history of San Luis Obispo, including the Jack family and the Higuera family, lived on this part of Marsh Street. 4. The building's locations are significant because Marsh Street is important to the history and development of San Luis Obispo as one of its main thoroughfares and the historic residence is one of a few original residences remaining from the 19`s century. 5. Thomas Higuera lived on North Marsh in 1880. The Higuera residence was next door to and directly east of the house owned by R.E. Jack, which is across Marsh Street from the Pinho residence. 6. Pinho purchased the property on 497 Marsh Street from Thomas Higuera who was granted a 5.46 acre parcel of land in this area in 1870 and completely subdivided the land into individual plots by 1886 or 1888. 7. Although Pinho's historic residence has been modified and adapted for commercial use, Pinho would be able to recognize the fagade of his former residence, which has not been substantially altered. 8. Antonio Pinho built his home on 497 Marsh Street circa 1880 and resided there with his wife for 33 years until his death. He had two daughters who lived at the home and his wife continued to live at the home after his death, which constitutes a significant primary connection to the building of at least two generations. 9. The building has maintained a high degree of stylistic "integrity" (Criteria I.4.) because the fagade has not been substantially altered. 10. The building design has overall attractiveness because of craftsmanship and aesthetic value. (Criteria 112). 11. The structure is compatible with neighboring structures (Jack House, Wilkenson House and Kaetzel House) in its setting on the basis of period style (form, height, roof lines) design elements ... (which) together combine to create an integral cultural, historic or stylistic setting. (Criteria V.2). 4 City Council Resolution No. 9295 (2002 Series) Page 3 12. The environmental design continuity of Marsh Street is greatly enhanced by this building in that it is compatible with neighboring structures, such as the Jack House and other historic houses in the vicinity which combine to form a geographically definable area with its own distinctive character. (Criteria V.3.). SECTION 2. Denial. The appeal of the Cultural Heritage Committee's significance determinations for two buildings located on 497 Marsh Street is hereby denied: On motion of seconded by Council Member Ewan, and Council Member Mulholland and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Vice Mayor Marx NOES: Council Members Schwartz and Mayor Settle ABSENT: None The foregoing resolution was passed and adopted thisl9th day of March 2002. 00-09 :-1 ATTEST: APPROVED AS TO FORM: :ityv Attorney Jeff Jorge 1 i ID Uhf `� I o 0 RESOLUTION NO. 9294 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON A MODIFICATION TO USE PERMIT U 204 -92 AT 399 FOOTHILL BOULEVARD, U 204 -92 WHEREAS, the Planning Commission, on January 23, 2002, denied a modification to Use Permit U 204 -92 to allow an existing 4 -foot tall fence to remain located on property line and within the public right -of -way where 3 feet would otherwise be the maximum height allowed in the C -N -S zone; and WHEREAS, Elyse Iverson filed an appeal of the Planning Commission's action on February 4, 2002, and WHEREAS, the City Council conducted a public hearing on, March 5, 2002, for the purpose of considering the appeal to the Planning Commission action on Use Permit U 204 -92; and WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of use permit application U 204 -92, the Planning Commission's decision, staff recommendation, public testimony, and reports thereof, makes the following findings: 1. The proposed fence will adversely affect the health, safety and welfare of persons living or working at the site and in the vicinity because the fence poses a traffic safety hazard for sight line visibility at the Foothill Blvd. /South Tassajara intersection. 2. The installed fence is located.2 -feet within the public right -of -way along South Tassajara which has raised valid concerns for safety from the City's Public Works Department, which is not in favor of granting a temporary encroachment permit to allow the fence to remain in this location. 3. The existing fence is not compatible with the site and surrounding residential neighborhood because the color and location detract from the overall character of the neighborhood and does not allow for landscaping to provide a visual transition between the street and subject property. R 9294 c o Resolution No. 9294 (2002 Series) Page 2 4. The existing fence was constructed in violation of Use Permit U 204 -92 for not being set back 18- inches from property line. SECTION 2. Action. The appeal is hereby denied. SECTION 3. In consideration of the financial impact of fence removal on the appellant, the Council established the following time frame for removal: 1. Signage for the subject property shall be brought into compliance within 3 months. 2. The fencing along Foothill Blvd. shall be setback 18- inches from property line consistent with Use Permit U 204 -92 within 6 months. 3. The fencing along South Tassajara has been approved to be located on property line (2 feet from back of sidewalk) out of the public right -of -way within 12 months. 4. City Staff shall review landscape plantings between the back of sidewalk and fence on Foothill Blvd. and South Tassajara in two years, to ensure plant health and proper screening. On motion by Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 5 h day of March 20 Aver- 5��Ioe -4�;�04 W Mayor Allen Settle Lee Price, City_ Clerk _ "" C Resolution No. 9294 (2002 Series) Page 3 APPROVED AS TO FORM: IN MA / sen Ii 17 t r�V O o �G LIr���� C S6LA", i aL� E J RESOLUTION NO. 9293 (2002 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 2002 WHEREAS, a major objective of the City Council is to adopt an aggressive legislative program which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, with four County supervisors representing different portions of the City, it is imperative that the City develop an improved system for regular communication with the Board of Supervisors, particularly concerning land use issues adjacent to the City; and WHEREAS, the City should continue to emphasize developing a positive relationship with North County Cities and agencies concerning water issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit ``A ", the League of California Cities legislative priorities identified in Exhibit "B ", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Program is face -to -face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo does hereby establish the Legislative Action Priorities for 2002, as set forth in the attached Exhibits "A" and "B ", and authorizes staff to take positions on legislation generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City. R 9293 Resolution No. 9293 (2002 Series 0 Page 2 Upon motion of Council Member Schwartz, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 5`h day of March 2002. Mayor Allen Settle O Exhibit A Resolution No. 9293 Page 1 of 9 EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 2002 FEDERAL PRIORITIES 1. Requiring funding of federally mandated programs, including new water /wastewater regulations, or eliminating such mandates 2. Promoting continued and increased funding sources for transportation, especially transit 3. Obtaining new funding sources to expand housing opportunities for low and moderate income families 4. Supporting legislation to transfer ownership of Salinas Reservoir to a local agency for the purpose of facilitating the Salinas Dam Expansion Project 5. Supporting legislation on coastal preservation 6. Supporting legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt employees 7. Supporting continued funding for the Land and Water Conservation Grant Program 8. Supporting legislation to exempt cities from liability for leakage of hazardous waste discharge to Publicly Owned Treatment Works (POTW's) from sewers Supporting legislation which strengthens the ability of cities to control their public rights -of -way and apply zoning regulations relative to the telecommunications industry 10. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc. 11. Supporting legislation that grants monies to local government for infrastructure improvements in areas that have contamination from oil and gas production. 12. Endorsing legislation which provides local government with a fair share tax on catalog and internet sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales 13. Supporting legislation which assists welfare reform to work in a positive way and provides funding for the social service programs of local non - profit organizations A -1 O O Exhibit A Resolution No. 9293 Page 2 of 9 14. Obtaining cooperation and prompt approval from the Environmental Protection Agency (EPA) and Army Corps of Engineers for necessary flood control projects and lake dredging, and the Damon - Garcia Sportsfields 15. Supporting legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best known to local authorities at the local level 16. Supporting legislation for grant funding for steelhead restoration projects 17. Opposing mandatory social security for newly hired local governmental employees 18. Supporting legislation to promote the safe, responsible, and cost effective reuse of biosolids 19. Supporting the existing federal water efficient plumbing standards contained in the Clean Water Act 20. Promoting Federal efforts toward preservation of open space, coastal resources signature land forms, wetlands, and other natural resources or areas threatened by development 21. Supporting the creation of National Marine Sanctuary off the Coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development 22. Supporting legislation that encourages research and development by businesses through tax credits or other incentive programs 23. Supporting legislation that grants monies to local agencies, educational institutions and non -profit corporations to provide incubator services to new and small businesses dedicated to developing new technologies 24. Supporting legislation that funds the arts — especially public art 25. Seeking federal participation in the Ahearn property acquisition (within the boundaries of Los padres National Forest) through the Federal Forest Legacy Program or other appropriate Federal funding program 26. Supporting funding for national and international tourism promotion 27. Supporting continued funding for CDBG at or above recent levels 28. Supporting continued funding for Federal block grants for local law enforcement kvd D Exhibit A Resolution No. 9293 Page 3 of 9 29. Supporting cleanair transit funding for San Luis Obispo County 30. Supporting a sustainable energy policy 31. Supporting continuation of AMTRAK services 32. Promoting funding for the acquisition and preservation of open space STATE PRIORITIES FINANCE 1. Supporting efforts to protect the City from loss of revenues due to State mandates 2. Supporting legislation that strengthens opportunities for local fiscal independence 3. Returning ERAF 4. Supporting efforts to "protect, preserve and reform" local government revenue sources 5. Supporting legislation which better assures any reductions in Vehicle License Fees by the State will be back - filled to local government in a permanent way 6. Supporting funding for state tourism promotion 7. Endorsing legislation which provides local government with a fair share tax on catalog and internet sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales COMMUNITY DEVELOPMENT 1. Opposing mandated State approval of local General Plan Elements, such as implementing and compliance with State General Plan Housing element law (especially any return of SB 910 or other sanctions for noncompliance) 2. Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings 3. Promoting state efforts toward preservation of open space, coastal resources, signature land forums, wetlands, and other natural resources or areas threatened by development 4. Promoting realistic housing requirements in the Housing Element — more local A -3 w Exhibit A Resolution No. 9293 Page 4 of 9 influence on HCD Regional Housing Need Allocations 5. Promoting funding of on- campus housing at Community Colleges and CSU for student and faculty housing 6. Promoting the concept of Urban Growth Boundaries 7. Promoting funding for the arts, especially public art 8. Promoting legislation which moves final decision on school site locations from school district authority to local government (city or county) authority 9. Preserving local control of planning and zoning matters (such as the prohibition of drive- through windows 10. Promoting funding and/or legislation that encourages research and development by businesses in California 11. Supporting funding for the promotion of California as a place to locate businesses 12. Making funding available for affordable housing for low and moderate income families to all cities and communities without regard to whether or not HCD has certified their housing element. Affordable housing need does not depend on Housing Element status 13. Promoting funding for acquisition/maintenance of historic sites and structures 14. Promoting funding for the acquisition and preservation of open space PUBLIC SAFETY 1. Preserving city's authority to investigate police misconduct 2. Preserving city's authority to establish emergency medical service levels 3. Increasing City authority to regulate group homes for juvenile offenders 4. Continuing support for disaster preparedness/earthquake preparedness 5. Supporting grant requests for Regional Hazardous Material Response Team, and other related activities 5. Supporting efforts to secure higher levels of cost recovery for DUI's A-4 Exhibit A Resolution No. 9293 Page 5 of 9 6. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors 7. Supporting efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole 8. Preserving the authority of local control on issuance of concealed weapons permits 9. Supporting a state -wide gaming commission to oversee all forms of gambling in the state 10. Retaining budget commitments for Public Safety supplemental funding - State COPS Program 11. Supporting legislation to help curb underage drinking 12. Supporting another ABC inspector to work on minor /alcohol issues 13. Opposing new or increased state fees for state provided law enforcement services TRANSPORTATION 1. Changing Gas tax laws to allow local tax for transportation purposes based on a majority vote of the public 2. Increasing transportation funding (including transit, bicycles, others), especially transit 3. Working with Caltrans, SLOCOG, and the California Transportation Commission to abandon Hwy 227 as a state facility within the City 4. Working with Caltrans to modify the blanket maintenance Agreement to have City perform all traffic signal maintenance. 5. Providing state funding for CalTrans replacement of structures that have contributed to local flooding 6. Supporting cleanair transit funding for San Luis Obispo County HUMAN RESOURCES/EMPLOYEE RELATIONS 1. Further reforming Worker's compensation A -5 0 0 Exhibit A Resolution No. 9293 Page 6 of 9 2. Supporting the legal challenge to SB 402, which instituted_ a system of compulsory and binding arbitration for the resolution of collective bargaining disputes with police and.fire employees for all public agencies 3. Preserving the fiscal integrity of PERS and opposing State mandates that augment PERS benefits outside of the collective bargaining process 4. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to curtail management rights 5. Monitoring employee healthcare/benefit changes PUBLIC WORKS 1. Better defining "qualified" bidders in public contracts bidding 2. Redefining Prevailing wages as "average" local wages 3. Streamlining Federal and State process for funding street projects 4. Increase to $20,000 limits of work (from $5,000) for public projects not requiring competitive bidding 5. Supporting Proposition 42,.The Transportation Congestion Improvement Act PARKS AND RECREATION AND NATURAL RESOURCES 1. Supporting recreational programming, particularly for "at risk" individuals within the City 2. Supporting funding for: protection of natural resources (e.g., the Morros), open space, and parks development (e.g. Proposition 12) 3. Supporting funding for rehabilitation of urban parks 4. Supporting efforts at the State level for a park and open space bond measure 5. Seeking legislative grants supporting the City's acquisition of properties in the City greenbelt 6. Obtaining grant funding for unmet community recreational needs 7. Improving the timeliness and accuracy of fingerprinting for volunteers OR `J Exhibit A Resolution No. 9293 Page 7 of 9 8. Supporting another statewide parks and recreation bond measure to be adopted by the state legislature, approved by the governor, and passed by the voting public 9. Encouraging the State Department of Parks and Recreation to expedite the distribution of Proposition 12 funds 10. Encouraging our local legislators to include an item in the state budget to allocate $1,000,000 to the City for construction of a portion of the Community Center/Therapy Pool project 11. Seeking legislative exemption from property taxes on lands dedicated to open space purposes which are outside the boundaries of the jurisdiction owning such lands 12. Supporting Proposition 40, The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 UTII.ITIES 1. Providing funding for reclaimed water programs 2. Supporting clean water grant programs 3. Supporting legislation to modify or enhance local government's ability to comply with solid waste requirements 4. Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers. (Repeal SB 709) 5. Supporting legislation which will enhance market development for recycled materials 6. Supporting legislation to exempt cities from liability for leakage of hazardous waste discharged to POTW's from sewers 7. Supporting legislation to increase availability of grant funding for replacement of aging infrastructure 8. Supporting legislation promoting the safe, responsible, and cost - effective reuse of biosolids 9. Supporting legislation to streamline the state regulatory permit process through the use of general permits A -7 O Exhibit A Resolution No. 9293 Page 8 of 9 10. Supporting legislation to establish water efficiency standards in the "Appliance Efficiency Standards" 11. Supporting legislation to return discretion and flexibility to the Regional Water Quality Control Boards in permitting 12. Supporting Legislation funding local, community based energy efficiency programs 13. Supporting a sustainable energy policy COUNTY PRIORMES 1. Reaching agreement with the County and North County communities on solutions for Salinas Reservoir expansion and Nacimiento pipeline projects 2. Developing consistency between the City and County General Plans, particularly to emphasize the concepts that (1) urban development should be municipal, and (2) unincorporated areas shall remain rural, agricultural, or open space in character 3. Working cooperatively with the County in the construction of County administrative and judicial offices and courts in the in the downtown area. Encouraging participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction 4. Improving regional solid waste management 5. Developing cooperative approaches for providing services on a regional basis 6. Resolving County issues relative to the local review of biosolids to maximize our opportunities for safe and cost effective reuse opportunities 7. Discussing and resolving issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and industrial areas, allowing substantial development beyond the City's urban reserve line and giving greater credence to and respecting the integrity of the City's planning process Continuing to work with other cities to convince the County that urban-like development should take place within the boundaries of cities, and not in the unincorporated areas — and especially not within the urban growth boundaries of cities M. • • Exhibit A Resolution No. 9293 Page 9 of 9 9. Working with the Airport Land Use Commission to develop a mutually acceptable plan for the Margarita Area 10. Working cooperatively with the County to solve City /Countyflood problems EDUCATION Supporting efforts to adequately fund the educational units within our community: - primary and secondary schools - special education programs for disadvantaged as well as gifted students - Cuesta College -the CPSU /SLO, whose unique programs and educational approach within the CSU warrant special consideration I • O Resolution NO. 92 LOOKING AHEAD: PREDICTING LEGISLATIVE ISSUES FOR 2002 State Budget Crisis and Potential Impact on City Revenues Budget forecasters from both the legislature and administration agree that the State faces major financial shortfalls in the current and next fiscal year. The Legislative Analyst projects a 2001 -02 deficit of $4.5 billion and shortfall in 2002 -03 of $12.4 billion. As the Governor and legislators scramble to balance the State Budget, a number of city revenues look ripe for the picking. The most vulnerable city revenue is the state general fund "backfill" for the vehicle license fee reduction made in 1999. That backfill figure is now $3.7 billion for cities and counties. For local government, this evokes images of the early 1990's, when the State grabbed local property taxes to meet obligations for school funding. We were all gratified to hear the Governor vow at our Annual Conference in December that he would not "balance the budget on the backs of local government ". Nevertheless, we expect that there will be pressure within the administration and by legislators to consider all options to balance the budget and meet the State's statutory requirement to fund schools, including local revenues. Cities must engage their legislators, local community organizations and employee groups in keeping local revenues off the table in any state budget negotia- tions. For more information, contact s en6akk a iti Workers` Compensation There is widespread agreement among all concerned parties that state workers' compensation benefits to injured California workers are.exceed- ingly low when compared to national averages.; For the past three years, the legislature has passed several bills to increase the level of benefits. The Governor has vetoed every measure that reached his desk, asserting that additional reforms are needed. He encouraged the employer community to negotiate with the applicant attorneys, labor representatives, and legislators to arrive at a mutually agreed -upon package. While the governor planned to work with the Legislature and all interested parties on a new reform package in 2002, labor interests, represented by Senator Burton and Assembly Member Calderon, have upped the ante by launching an effort to put a benefits increase initiative on the November 2002 ballot. The governor is likely to put a new legislative proposal on the table in January in an effort to head off further work on this initiative, which increases benefits, but does nothing to address his concerns about system reforms. For more information, contact Amy Brown at browna @cacities.org. Housing The year 2002 may turn out to be the year for significant housing element reform, based upon the work of the Lowenthal/Wiggins working group. In addition, look for various proposals that attempt to assist local governments when they approve housing, with additional fiscal tools triggered on future budget upswings. The prospects for a significant housing bond for the November, 2002 ballot also appear favorable. As usual, look for bills sponsored by developers or housing advocates aimed at limit- ing the ability of a local jurisdiction to deny hous- ing. For more information, contact Dan Can-igg at Jggd @cacities.org. Planning Issues Despite all the focus on "smart growth" over recent years, neither the Legislature nor the Gover- nor — through their actions —has particularly embraced the concept. It's also not'clear how-this issue will be affected by a slowing economy. Look for renewed efforts to insert various principles into state and local planning, including potential state CONTINUED ON PAGE 6 Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 5 EXHIBIT B -1 OResolution No. 9293 LEGISLATIVE PRIORITIES from page 5■eoe.eeee..eee . eaese ■eeeeeeeeoown school bonds, water bonds, infrastructure bonds, as well as legislation to promote transit- oriented development and infill development. Group home issues may also return following the implementation of Proposition 36. For more information, contact Dan Carrigg at caniggd @cacities.org. Economic Development Economic downturns tend to create legislative interest in promoting job development and new investment. It is not clear how this issue will play out, perhaps in expanded authority for enterprise zones, expanded job creation tax credits, infrastruc- ture bonds and other mechanisms. For more informa- tion, contact Dan Carrigg at carr6ggdCo)cac4ties.or4 Telecommunications — Public Right of Way The League will be working to push legislation that would give the State and local governments the authority to receive payment for telecommunications companies using public rights -of -way. Currently, State and local governments are authorized to require compensation from some types of telecom- munications providers (including cable television companies and providers of certain other non- telephone services) but not from others (namely telephone corporations that provide telephone service to the general public, including internet access). Public rights -of -way are public assets that involve substantial public costs to acquire and maintain. Many other utilities and specialized users of public rights-of -way pay their fair share for that use, including electric utilities, gas utilities, oil pipeline companies, cable television providers and sometimes ambulance and taxicab companies. It is time to have telephone corporations pay their fair share. Telephone companies were initially given free use of public property in the early days of telephone as a quid pro quo for agreeing to wire the entire state, even the rural areas where service was not profitable. However, due to recent changes in the Public Utilities Commission regulations, generally, telephone corporations are no longer required to provide service throughout entire regions. In the absence of this obligation, there is no longer any justification for receiving special treatment. For more information, contact Amy Brown at browna @ca c i t i es . oro . Transportation Proposition 42, which will appear on the March 2002 ballot would amend the state constitution to dedicate the sales tax revenues on gasoline to transportation purposes, particularly beginning in 2008 -09. This would provide a significant injection of new revenue for the entire transportation system, and.for a variety of multi -modal purposes. Proposition 42 will help speed up the delivery of planned traffic relief projects on highways and local rods, and will help expand local bus and commuter services throughout California. How it works Beginning in 2008.09 and every year thereafter, funds generated from the sales tax on gas would be allocated 409/6 to the State Transportation Improve - ment Program (STIP), 20% to cities for the same purposes, 20% to counties for maintenance, rehabilita- tion, reconstruction and storm damage and 20% to transit. Revenue generated from the sales tax on gasoline is projected to reach $1.4 billion by 2008 -09, meaning the STIP would receive approximately $560 million, counties and cities $280 each and transit . $280 annually. Proposition. 42 also protects funds that were commited to the Governors Traffic Congestion Relief Plan, according to AB 292R (Chap= 91 _ Stat- utes 2000). The funds from AB 2928 would be allocated from 2003 -04 until 2007 -08. This protec- tion would be locked in from the year 2003 -2004. CONTINUED ON PAGE 7 PAM6 /PRIORITY FOCUS Visit the League's Official Web Site -nwwwcacities.org B -2 OResolution NO LEGISLATIVEPRIORITIES from page 6°° n.mmmmmm.mm..amm..mm..mm....mmm Cities and counties will receive revenues dedicated to filling potholes and repaving city streets and county roads in dire need of repair throughout many commu- nities in the State. Investing in these projects now will save the taxpayers costs up to 4 to 5 times greater than today's costs. should these repairs be delayed. For more information, contact Natasha Fooman at foomann@racities. oro. v Public Safety We expect to see a huge emphasis on police and fire funding and reimbursements. Cities will face significant costs, especially for training and new equipment to combat terrorism. They are the first responders to any public safety emergency, and their number one job is protecting the public's health and safety. These expenditures were not planned and unfortunately must come out of existing local budgets. Results of a recent League /CSAC survey regarding local government anti - terrorism expendi- tures indicates current department budget overruns of 13% in public safety services, 10% in fire and EMS services, and 6% in hazardous materials response services. These figures are certain to increase by the end of the fiscal year as cities continue to assess their public safety service requirements. Additionally, local governments are being forced to protect public infrastructure. The League /CSAC survey also indicated that local governments have spent $17.8 million for protection of key facilities, including security and surveillance systems, fencing, camera equipment, water systems, and training. These expenditures represent millions of dollars in unanticipated costs to local governments, and there is no indication of how long they will have to sustain them. Gaming is certain to be an important issue this year. Legislation will be introduced regarding the method by which moneys from the Indian Gaming Special Distribution Fund (IGSDF) are distributed. The IGSDF, which is used for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of the tribal -state gaming compacts, are available for appropriation by the Legislature in the form of grants for the support of state and local government agencies impacted by tribal government gaming. For more information, contact Natasha Fooman at foomannPcacities.oro. Water With the heavy rains and snow in December, concerns of a drought in 2002 appear to be lessen- ing. Thus, legislation to address water conservation, supply and pricing as they relate to a drought may or may not come before. the Legislature. In addition, water quality proposals — especially relating to sewage treatment facilities and stormwater systems — may be the focus of some activity. For more information, contact Yvonne Hunter at h n e Pocities.org Energy A number of energy issues may continue to_ be debated in 2002. Whether these issues translate into legislation depends upon What happens within the regulatory and legal arenas. Key potential topics are investor -owned utilities' solvency and rescue, public power and the future of direct access. For more information, contact Yvonne Hunter at hunter; @cacities.ora Solid Waste and Recycling Efforts to revise regulation of solid waste facili- ties may once again surface, including pot6ritiatL t efforts to limit local authority to approve and regulate solid waste facilities. For more information, contact Yvonne Hunter at h m @rarities.nrg For more information on this and other, important topics for California citiesi visit the, League's official Web site, www.cacities.org Visit the League's Official Web Site-- www.cacities.org PRIORITY FOCUS /PAGE 7 B -3 9293 O O Resolution No. 929; LEAGUE DEVELOPS 2002 FEDERAL PRIORITY ISSUES As the 107th Congress begins their second year, the League is working with the National League of Cities, California city lobbyists and other appropriate partners on a well- defined list of priorities. Key areas that have been identified as priorities include homeland security, affordable housing, transportation, and telecommunications and technology. HOMELAND SECURITY Support of flexible block grants to local governments to improve. security and public safety locally: Such funding would enable cities, as the first- responders, to increase emergency response and public safety efforts, improve communications systems, effectively prepare against bioterrorism attacks, develop citizen preparedness programs, and meet other critical security needs. In the first two and a half months since September 11, California local governments have encountered budget overruns of 13% in public safety. Cities and counties estimate over $1 billion in additional one -time and ongoing funding needs in 2002. AFFORDABLE HOUSING Support increased resources and tools to expand the supply of affordable housing, including creation of an affordable rental housing production program that provides cities with direct assistance to help produce, rehabilitate, and preserve affordable housing. Support tax incentives to promote private investment in the production of rental housing units, including enactment of new tax benefits that complement the federal Low - income Housing Tax Credit Program and provide additional incentives to invest in multi - family rental housing. The California Department of Housing and Community Development in a recent report titled "Raising the Roof" found that California is suffering from a significant shortfall of housing production. California's projected need through 2020 is 220,000 new housing units annually. California is currently producing only around 150,000 units —a 70,000 -unit shortfall. Additionally, a September 2000 report by the National Low - Income Housing Coalition, ranked California 45th among states in rental housing affordability. TRANSPORTATION Support the reauthorization of TEA -21, including improving funding for California's state and local transportation programs. Support increased flexibility and streamlining reforms that assist cities in operating and maintaining the existing transportation network, including allowing reciprocity between the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA) to alleviate redundant environmental review for transportation projects and assure more timely project delivery. In California, such changes are key for cities as local governments bear responsibility for the operation and maintenance of approximately 79 percent of the state's total maintained road system. Support new funding to enhance the security and safety of California's transportation and infrastructure systems. TELECOMMUNICATION SITECH N OLOGY Public Safety Spectrum: Ensure adequate broadcast spectrum is available to local governments for public safety communications. Current spectrum allocations are insufficient and often force local response agencies to operate across different incompatible radio frequency bands. As a result, agencies responding to emergencies are often unable to communicate rapidly with each other, creating a significant vulnerability for cities. This occurred in the aftermath of the September 11 attacks and remains a constant problem for California public safety agencies. B -4 Resolution No. 9293 Public Rights -of -Way Maintenance: Preserve state and local authority to manage public rights -of- way, zoning, and protect public safety and welfare. Oppose proposals that reduce or eliminate compensation paid to cities for the use of their property and rights -of -way. E- Commerce: Support efforts to ensure all sales transactions are treated equally, leveling the playing field for traditional "Brick and Mortar" merchants, out of state sellers such as remote web sites, and mail order outlets, as well as new hybrid "Click and Mortar" businesses. • Oppose proposals that bar collection of sales and use taxes on Internet transactions which cities and their residents depend on to provide critical municipal services (e.g., police and fire services receive approximately 60 percent of city discretionary spending; other important services include sewer and water systems, road maintenance, parks, recreation, and libraries.) • Support state and local governments' ability to require remote sellers without a physical presence in the state to collect use taxes on goods and services sold, and remit those taxes to the purchaser's state. • Support state and local governments' efforts to simplify and reduce compliance costs for remote sellers on use tax remittance. This includes uniform definitions and categories for items subject to sales and use tax and a method to keep these uniform definitions in place for a multi -year period to make such systems sustainable. • Support proposals that allow state and local governments to gain taxing authority automatically after fulfilling Congress' simplification requirements. • Oppose proposals that exempt all intangible property and software downloads from sales and use tax. Makers of these products should pay their fair share. B -5 RESOLUTION NO. 9292 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2002 CDBG PROGRAM, AMENDING SECTION 108 LOAN USES AND PREVIOUS CDBG PROGRAM YEARS, AND ENDORSING THE SAN LUIS OBISPO URBAN COUNTY'S DRAFT ONE -YEAR ACTION PLAN WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and Paso Robles, and the County of San Luis Obispo, and WHEREAS, said cities and County cooperatively administer several federal grant programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo City Council on July 13, 1999 and as amended on September 7, 1999, and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules, and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on February 19, 2002 to consider funding recommendations by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and the use of such funds, and WHEREAS, the Council has considered applications for Community Development Block Grant (CDBG) funds, public testimony, the Urban County's proposed One -Year Action Plan, including proposed funding allocations for the CDBG program, Home Investment Partnership (HOME), Emergency Shelter Grants (ESG), and the Special Urban Projects Fund, HRC recommendations and staff report, and WHEREAS, the Council has also considered previous years' CDBG funding allocations and determined that amendments are necessary to re- allocate unused funds, or to re- allocate funds to activities with greater community need or urgency. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Council hereby determines that the proposed funding actions are not "projects" as defined by Section 21065 of the California Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change in the environment and do not involve the issuance of a lease, permit, license, certificate or other entitlement. Consequently, no further environmental review is necessary. SECTION 2. 2002 Community Development Block Program. The City's 2002 Community Development Block Program, Exhibit A, is hereby approved. SECTION 3. CDBG Program Amendments. The 1998, 1999, and 2000 CDBG Programs are hereby amended, as shown in Exhibit B. M:Sy1PL7A 0 0 Resolution No. 9292 (2002 Series) Page 2 SECTION 4. Section 108 Loan Amendment. Approved uses for the Section 108 federal guaranteed loan are hereby amended to include up to $95,000 to assist Judson Terrace Lodge, a non - profit housing agency, provide handicapped accessible housing facilities for low - income, frail elderly persons. SECTION 5. One -Year Action Plan. The San Luis Obispo Urban County's Draft One- Year Action Plan is hereby endorsed, Exhibit C. SECTION 5. Board of Supervisors Consideration. The Council hereby forwards the above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the Board's final action on the Urban County's 2002 Consolidated Plan. SECTION 6. City Administrative Officer Authority. The City Administrative Office is authorized to act on behalf of the City in executing grant agreements and other actions necessary to implement the approved Consolidated Plan and CDBG Program. Upon motion of Council Member Schwartz, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 19'' day of February 2002. Allen ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: f G. orge en, 56y Attorney 0 0 city of san lugs oBispo Exhibit A 89292 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Approved at the February 19, 2002 City Council Meeting I NO Applmn t Z A ...... t1ndin ;.R' .eqae S t d. ..... .... . .. . . . ;Recommended Section 108 loan proceeds. It is recommended this balance be transferred to activity # 2. CDBG other Sources Taw from the balance in the Park Hotel loan repayment fund. This fund, originally funded with a State CDBG grant, currently has a balance of $80,000 and can be used for public services. -781501i 577- T: 94,5 at the requested level, with the additional funding coming from activity #12. la City of San Luis Obispo Section 108 Loan Repayment 213,500 213,500 0 213,500 Judson Terrace Lodge Accessibility Improvements 108,000 13,500 94,500 108,000 3 People's Self-Help Housing So. Higuera Apartments 350,000 340,667 1 340,667 4 Aids Support Network Energy Improvements 10,000 10,000 0 1 10,000 3 Sojum Services Supported Living Project 100,000 0 b 0 .. .. ........ ........... . .. . X 338,ltbik ...... 6 EOC Homeless Shelter Operations 138,000 138,000 0 138,000 7 EOC Prado Day Center Operations 50,000 0 50,000 50,000 8 UCP of SLO County Disabled Children Recreation 4,000 0 0 0 9 The Literacy Council Literacy Program 10,000 0 0 0 TO Big Brothers-Big Sisters At-Risk Child Mentoring 33,828 0 0 0 .......... .. " .... ...... I . . . ........ :XX . . . . . . . . ... lb City of San Luis Obispo Section 108 Loan Repayment 108,500 108,500 0 108,500 11 City of San Luis Obispo I ADA Sidewalk Impry 150,000 70,667 0 70,667 12 City of San Luis Obispo lHuasna/Oceanaire Neigh Imp ry 140,000 23,371 107,300 130,671 13 Food Bank of SLO County IFood Bank Warehouse 28,000 28,000 0 28,000 . . .... .. .......... 14 CuesLa College =mail Business Dev Ctr 8,000 0 0 0 Notes on Other Sources jli/L/cdbg/2002councilapprovodfunding . .......... .... .. ... .... .... ........ j:.. ...... ....... .... ... .......... T?escr3 fan 2 Due to project savings on the Camegie Library seism ic/ADA improvement project, $94,500 is remaining in Section 108 loan proceeds. It is recommended this balance be transferred to activity # 2. 7 Because we are at our maximum of 15% for public services, it is recommended that d-:tis activity be funded from the balance in the Park Hotel loan repayment fund. This fund, originally funded with a State CDBG grant, currently has a balance of $80,000 and can be used for public services. 8,9 If the City is able to exceed the 15% Public Services cap, HRC recommends funding these activities 10 at the requested level, with the additional funding coming from activity #12. 12 See note 8/9/10. It is recommended that $107,300 in unused Program Administration funding be transferred to this activity. jli/L/cdbg/2002councilapprovodfunding 01 0 � 11: Resolution No. 9292 CITY OF SAN LUIS OBISPO 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Approved at the February 19, 2002 City Council Meeting CDBG Program Amendments ($) -- _- Acavity . _ Grantee Original Allocation Proposed Allocation 1998 SECTION 108 LOAN Rehabilitate Historic City of SLO 650,000 555,500 Museum Accessibility City of SLO 0 (new activity) 94,500 Improvements, Judson Terrace Lodge (2002) 1999 PROGRAM YEAR Program City of SLO 91,312 8,795 Administration Huasna/Oceanaire City of SLO 0 (new activity) 82,517 Neighborhood Improvements 2000 PROGRAM YEAR Program City of SLO 91,376 66,593 Administration Huasna/Oceanaire City of SLO 0 (new activity) 24,783 Neighborhood Improvements 1VUcdbg/2002prgrmamend Administration I. City of Arroyo Grande $ 0 $ 0 CITY OF ATASCADERO - $242,266 Housine L EOC Home Repair Program S 25,000 $ 0 Public Services I. OITY GRANDE Resolution No. 9292 $ OF ARROYO Funds - S149,L Funding �x}}��ibit C Iatal F'undmg Applicant Proiect Requested Recommendation Recommendations Housine 2. EOC Senior Health $ 4,000 S I. EOC Home Repair Program S 25.000 $ 10,000 S 10,000 Public Services 3. EOC Teen Academic $ 3,600 S I. EOC Pony Wonderful Program $ 2,000 $ 1.500 Operating Expenses Big Brothers/ Mentor Program $ 18,551.25 S 2. EOC Senior Health $ 4.000 $ 3,500 Screening Program Literacy Council Literacy Program $ 2,500 S 3. EOC Teen Academic $ 3.600 $ 3.100 $ 0 Parenting Program Foundation Therapy Center 4. Literacy Council Literacy Program $ 2,500 $ 2.000 $ 5. Big Brothers/ Mentor Program $ 8,730 $ 2.000 Sisters 8. HHP Emergency Shelter $ 48,000 5 6. UCP of SLO Co Supportive Childcare S 3,000 S 2,500 S 2,000 for Dev. Disabled for Dev. Disabled 7. Harvest Bag Freezer unit $ 26,000 $ 8,000 S 22,600 Public Facilities Software 1. Food Bank Property Acquisition $ 11,000 $ 11,000 $ Coalition Youth Scholarships 2. City of A.G. Small Business $ 100,000 $ 0 Assistance Prog. 3. City of A.G. Handicap Access. City Hail $ 130,000 S 95,000 S 106,000 Economic Development 1. Cuesta C.C. Small Business $ 5.000 S 3,000 College Development Center S 3,000 Code Enforcement 1. City of A.G. Code Enforcement $ 15,000 $ 10,000 Officer 5 10,000 Administration I. City of Arroyo Grande $ 0 $ 0 CITY OF ATASCADERO - $242,266 Housine L EOC Home Repair Program S 25,000 $ 0 Public Services I. EOC Forty Wonderful Program $ 2,000 $ 2,000 Operating Expenses 2. EOC Senior Health $ 4,000 S 4,000 Screening Program 3. EOC Teen Academic $ 3,600 S 3,500 Parenting Program 4. Big Brothers/ Mentor Program $ 18,551.25 S 0 Sisters 5. Literacy Council Literacy Program $ 2,500 S 2,500 6. Life Steps Physical /Occupational $ 16,708 $ 0 Foundation Therapy Center 7. ECHO Case mgmt. and $ 11.820 $ 14.820 Motel vouchers 8. HHP Emergency Shelter $ 48,000 5 0 9. UCP of SLO Co Supportive Childcare $ 2,000 S 2,000 for Dev. Disabled 10. City of Atasc. Purchase computer $ 25,000 S 22,000 Software 11. City of Atasc. Community Services S 6,500 $ 7,500 Youth Scholarships S 0 Total $ 151,600* 5 0 $ 58,320 •. uuuyr aaunma ' I. No. Co. KitchenRemod Women's ShelterD 1 $ 6,000 S 6,00" Resolution N0. 9292 Exhibit C 2. ECHO Hom ,ss Day S 60,000 $ 0 Center 3. Atasc. Loaves New Roof S 11.260 S 11,260 & Fishes 4. City of Atasc. Elevator - Youth Center S 65,000 $ 0 5. City of Atasc. Infrastructure Improv.. in S 55.233 $ 55,233 Low and Mod areas S 72,493 Economic Development I. Cuesta C.C. Small Business $ 3.000 $ 3,000 College Development Center $ 3,000 Planning and Implementation Studies I. HHP Feasibility Study for S 5.500 S 0 No. Co. Homeless Shelter S 0 Code Enforcement I. City of Atasc Code Enforcement S 60.000 S 60,000 S 60,000 Administration 1. City of Atascadero $ 48,453 $ 48.453 S 48,453 Total S 242,266 CITY OF GROVER BEACH - S182,726 l- EOC Home Repair Program S 25.000 $ 25,000 S 25,000 Public Services I. EOC Forty Wonderful Program S 2,000 $ 2,000 Operating Expenses 2. EOC Senior Health S 4.000 S 4,000 Screening Program 3. EOC Teen Academic S 3,600 $ 3,600 Parenting Program 4. Literacy Council Literacy Program $ 1500 $ 2,500 5. Big Brothers/ Mentor Program $ 8.730 S 8,730 Sisters 6. UCP of SLO Co Supportive Childcare S 2,000 S 2,000 for Dev. Disabled 7. Exploration Scholarships/translation S 12,325 S 12,325 Station computers /admin S 35;155 Public Facilities 8. City of Grover Installation of Ramps for S 83.026 $ 83.026 Beach Disabled S 83,026 Economic Development 1. Cuesta C.C. Small Business S 3,000 S 3,000 College Development Center $ 3,000 Administration I. City of Grover Beach $ 36.545 $ 36,545 S 36,545 Total S 182,726 CITY OF PASO ROBLES - S291,555 Housing I. EOC Home Repair Program S 25.000 S 0 S 0 Public Services I. EOC Forty Wonderful Program S 2.000 S 2,000 Operating Expenses 2. EOC Senior Health $ 4,000 $ 4,000 Screening Program 3. EOC Teen Academic $ 3,600 S 3,600 Paren ^ °¢ Program PSHHC Site Acquisition S 350.000 $ 4. Literacy Council Litek'rogram S 2,500 $ 2,5 Resolution NO 5. Big Brothers/ Mentor Program S 19.642.50 S 0 Exhibit C Sisters 3. AIDS Support 6. UCP of SLO Co Supportive Childcare S 4,000 $ 4,000 Supported Living S 100,000 for Dev. Disabled 0 S 373,500 Public Services 7. HHP Emergency Shelter $ 48,000 S 24,000 S S. Lifestyles Equipment for $ 6,800 S 6,800 2. Recovery Hot Line $ 50,000 $ 0 $ 36,900 Public Facilities Operating Expenses 3. 1. City of Paso . Carnegie Library $ 38,850 $ 38,850 Big Brothers/ Mentor Program Robles ADA Rehab S ' 0 Sisters 2. City of Paso 28' Street $ 131,000 $ 20,610 Robles Improvements 3. City of Paso Downtown Street S 62,500 S 0 Robles Lights - Phase II 4. City of Paso Downtown Alley $ 46,400 S 46,400 Robles Rehabilitation 5. City of Paso Rehab. Pool Changing $ 100,000 S. 66,050 Robles Room 6. City of Paso Downtown Street $ 14.600 $ 14,600 Robles Lights 7. City of Paso LED - Lighted $ 72,000 $ 0 Robles Crosswalks 8. Boys/Girls Club Project Soft Costs for $ 100.000 S 50,000 of No. County New Community Center 9. Food Bank Property Acquisition S 28.000 $ 0 Coalition 10. City of Paso Trash Cans for S 16,000 $ 0 Robles Downtown Streets IL Food Bank Property Acquisition S 28,000 S 0 S 236,510 Economic Development 12. Cuesta C.C. Small Business $ 5,000 $ 0 College Development Center S 0 Planning and Implementation Studies I. HHP Feasibility Study for $ 5,500 $ 0 No. Co. Homeless Shelter 2. City of Paso Capacity Building S 28,300 $ 0 Robles Program S 0 Administration 1. City of Paso Robles $ 70,800 $ 70,800 5 70,800 Total S 354,210* ** 9292 CITY OF SAN LUIS OBISPO - $9319336 Housing I. PSHHC Site Acquisition S 350.000 $ 350,000 So. Higuera St. Apts. 2. Judson Terrace Accessibility $ 108,000 $ 13,500 Improvements 3. AIDS Support Energy Improvements S 10,000 $ 10,000 4. Sojourn Services Supported Living S 100,000 S 0 S 373,500 Public Services I. EOC Homeless Shelter $ 138,000 S 138.000 Operating Expenses 2. EOC Prado Day Center $ 50,000 $ 0 Operating Expenses 3. Literacy Council Literacy Program $ 10,000 $ 0 4. Big Brothers/ Mentor Program S 33,828.75 S ' 0 Sisters 9292 J .,wv a v for Dev. Disabled �\ Public Facilities S 138.000 I. City of S.L.O. ADA Sidewalk Impr 2. Citv of S.L.O. Huasna/Oceanaire Economic Development $ I. Cuesta C.C. Small Business College Development Center Section 108 Loan Repayment I. City of S.L.O. Loan Repayment $ (Housing) 2. Cin• of S.L.O. Loan Repayment L' J .,wv a v ^ (�Jl S 138.000 Resolution No. 9292 $ 150.000 $ 80,000 Exhibit C $ 140.000 S 32.700 S 112.700 $ 8.000 $ 0 S 0 S 213.500 $ 213.500 $ 108.500 $ 108,500 ( tbrary) S 322,000 Administration I. City of San Luis Obispo $ 0 $ 0 S 0 Total S 946,200" ' - Due to the late announcement of the Urban County's allocation of funds by the federal Dept. of Housing and Urban Development. some jurisdictions based their funding recommendations on last years allocation figures. Expect some funding recommendations to change. " - City of Paso Robles allocation includes $58.000 in program income December 3 1, 2001 Whousing &Economic Dev \tony\'02Needs \3recs\vicll.wpd (D IL a� � CC m C v V h- O Z0: Q(L IX CD :' U) Y W U H Oz M z Ue LLI W 2wW J -j LLJ W = LU ono W W �2z O W LL U Z 0 o Q LU N E W W = W a =o O W LL 0: Z a. aI-- OQ CL s m Z O W (/) 2 5 ~ J N W z> QZ Cl) — LL W 02 >- O 1- _ O U O Resolution No. 9292' Exhibit C N m c 3 C C C Ld-. N m m �_ C�-0 m C c 01 y •2 (p y C C c C. N y O N z fA ¢ V% C w _ r L 'O L L L 'O a 'a L C d 4) y 0 y Y U m c 0 C U d � d y— c >,4 O = m O m 7 ¢ F E m Q O_ CL 0)o.m m r_ O F- y 0 0] �E3_ °m c m¢ y .? c .N d a d -m E' -aUE� t m C C j L d m O L C C R n ° m m O-C N L O_N d fa y a�a c� °n o d c m .c m =a c - °- cca? ¢acm°'c_ a7 E d°O p U O. C O O) L y j a) L C 4. d lr`0 C 3 O E 3 d Y '0 G O- O c C y d C N N p 7 0 CL 0 C y N - d m O CO) N` _, N U) Q N m_= d N 0,= c m a N C 7 M [0 0 C I'D m E G di m E L 0 'O � C ._ E'-o� ca g T'oQmovocm y 0 rooE -a m ca > >z oo NorQ� fa y 'O O E d 0 :m y 0 .- a) E U) z u• c°�3E°m�°° # y C C d y N C 0 A y .a (0 m .0 m O y ,` 0 y 7 0 C C D .` O '.yC. rn y 3 N ... a cui Oadaayi om U °dEocy�aEimt L • °dor'.- aci�Ec°�� > >r d L,• O 'V n d U la Q •o ... d E0 �, O 'o y o_ m y` D1 .� y C y N. C m C 0 0 = "� ° a� d CL O d c d O E o o c o CL o> y• .0 La N O d° cL d m d C 1 _ W d C m m O C c o o y o y d O) t9 d >. } a W E d y C L T N o d c. d m y y > y E y o o °� 3 o y m d E o m c -' _ y o E v a �`�° �E Em�o Q u a D o t Emdcc(D w 'D cOu E �`��E33.dp0 N C O O) O U is 2' . 'O � (n O t � N cc Of Y '.c U � fn y ,� Om r � ? = y) W L) O) U C d] o U fp .� Q "T' 'N O m> O) O ca C D U C a �a N O O) U O •� c N L `� C C ° O Cl CL U �_ ❑. C- y U- d y Q1 W C> m_ 0 O O O_ _y 7 � 0 � C d � L O` C ca y m d m ay � C `- O d X L E y 7 C C O II 7 C T L O �. O j O O d L C. C 7° L 6"14, 7 W a CD a W ° O CD E O N CD fA O V 0 a m o U 3 LL m C '(n U d, C CL z DLL �Z a 0 U) w W c °o a d .. g O m = ° N 3 d ca Ur m O p C m V O LL U n N va m c °c aL)i 0 LL 6 CL T L N T U �+ d d _ ¢ O C L U- T d -cmmo Q d 0 L %.� m •o c EEA m o Im00 v c C c m E a c c 0 O U cm a p E O c � •y 7 d U p 0 0 . O U1 0 d 7 ik O N fh O O Resolution No. 9292 Exhibit C N 07 f0 Ll m m O a u L 2 Sv m m C m O - a� m_ am o 3 � m c g a 0- .-Z U) m mv; ov o N o y L _ m E6LO= �_ v 0 3 3 E c m y ° U Uy .0 o c oL a ° c rw ° N m m 0 Q) C V lb Q L C� O I- a 7) m ¢- m W E o> C N° O O� O m ¢ E yJ =L °(7 nc O •O T c r 7'c o 5 E c >' -° ac ❑� U m y m mn"a) myc =mama mE m E mom= -1 cmidmf ommm $umi�cc�oa� rt° °L•c Qp7�.7� °omS2LE ) EaNyuo'- E O y a 0E y C y an d U m O) _ C W ` O y 7 m O U E 64 U y m a 7 Of U) N m N tl) •i7 °° M O L O= O. m U m O U m •G Z i%1 L = C C C° y V y cn crj- OCf O C m C a y° a) N C C C U •C > W 4. N 0 N m �° 3° 07 3 y m C O 7 m x o.- Eta CND E 7'n mom �'�5 ° � 0= ,.., '^ _c a > o T° CL m ° m #� ELU� aoia mEzm� cm L c,00 - a N V YW m •, O C L > m `-° d va, m O 'O m U 'C C Y .0 0 N 0 O U ,C O f0 m 7 N ._ C° m N °) ° m L. a m N 'O V3 m O N O. om o U cy p m m�-0 o d �'ip c v_i s p y E. 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N m a)= U E m J a 0 E o Etn m c o o-m O. y E C 'y 0- ` O° U cc U y 7° aL `•m J W C mL m 0 m m o L L 0 m 0 m c� 0 `° L C O m t a) L = N 4) L O U 7 m CU 0 W= O L L O m W >- 0 O L) Z W W LU a e1i "' =WQ m 2 o ° � g z E N g �WM E O0W Z NU J W D U N U) g W it W = � U N U W N C � U) U- � a Cn Q =p W OWLLLL w O IX m w 0 ° ° o CL °Q- d ° o 0 ow cr m J W Li U Z> N ? 12 m c LL W O� aUi M CU c cn�aU N ~ co 0 C �>`, CU O` O CD T m N m 7 C m U J > 7 W O> m m m V U cn y 0 d C C Z 0 U Q CL W D ;fl C O Z C t .-. (.) C m N� do y N¢ _ O) C >+ y O m U W N a �= C= >.'0 O U �'y_= = 0 CL 3 r- a y w C d 7 0 o m =N O a C 0 JO m m 0 co O 7 U O a Q 2 y L 2 O< O M d to (L C) m C 0 Q v V �O Z w Q a 0 V Y W U OZ J Z CO Q, F... IA 2Ww n.F- a J O LU = WWC N CG C �U0 FWW Of M Z O W � U Z °aH N WW W W c W = WW CY } it �a.cn Q =G O w LL w a�- OQ n. a E OW N w Z> QZ U. U. W 0 2 00 O U M QResolution No. 9292 Exhibit C c y _y d N O N) C AL ] L L C. C m L L y y � y 'y CO y U O L Q N ... .y y EL 7 H Ly"' O) L a) y y C y .0 N N U C U C C u N ,L—• aT •O..O U OE U O R H .` L On ° •aU) aU) T Q H V a) N O O= 0 m 'O O O C C `a y O Z U Q y a) > N T a) .- r 0) C a) fa a7 >^ O. cL > p C7) N O t L O. F �O . (a y ~w °-o °UL v C cco- w_Laa1a0)(1)1)E�� —a E � strnL � °� � n. ° c ap °°.= ., p H V N � r° c a) �.�- O O y 0 y C� N _ N. 'O �_ C 7 >z O C y y F O O D C CL C z M O N a 'R V w T C a) C C U O) C N O .0.. > > (a C a) N C �" 0 .O 7 U 2 d a) L] a) O y a) ?.'— la t6 N Y a O) 7 U it y fa (� L to .Q N 0) M U 2 Ia E CL=MCC°Ec6n°)EE y cm C yo�a)a) „ C cu a) la o>, oiLa°ti'm ydEc°��'a~yio'�cmc� E—`a -C `00) Cy °ma°)�o C Oy y C�.- aAC C .0 C N O N E a)C a' y fa° y 0.0 N IC •U a) C w N E w Q) a s 0` ` V O@ M 'O y° N° y E y U Z a C =.0 E°'a)�aci°f�� �_�� vc�caNm� 2 ooC 0 o - aacui rn�E� oaiE 4ac)�Ec=i: =c mop ow'c °� E y am oDy c o L O O° E y C N O a° L N (O L° ° 0 ) 'p O a) a) co w � a Q a w o 0 0 CD c n d E O co M E _ 1 ,- o 0 CO c U 3 LL U M a) U O a) j CL IT U- CL 0 aao U) 0 0 o o v e•) d o m 0 = co C4 N w N C• 44 to a C m r jL L) C) vi S9 C y O 64 d 64 m U c w cn c r C O a) GO E .y (n 'a p c m a •a - U o 0 O a) S ' c - d V � m ? o U o `m 0 o�mv=i o —AZT m a to E `c w it r W 3 IL v a� M a m Q U �J 1-0 Z W Q a �/ LL N 00 YW U � OZ m Z W IX C n.�r J W=LL w }� �V0 Z F- W W F- i9 IX OOLL oQw NWfn �2w W = W �aU) a=o owLL Ix z a f- aa �a mz OW J w Z> a_z U. U.w 0 2 00 �_ O U O Resolution N0. 9292 Exhibit C La a) ' U y N Laia0)c°)a�m �odE�.� �°cCM T FS E C O N 0 '- _7 C N C L O O x `1 L. t a N : .V Q U C. •` N CL— N a U y E -° 7 y U a L Of C L O7 C .' H .` Fa� �° nt °' ¢LO c °r o y'N a 7 w .0) C Q CL $ F- w U) C. a C ca - a) ` O a) a) Q- y C y d L O E C C N LO O C 7 N 0 ° �. C O L" C C G C M a. a) L N LL ,a° OU m Lo a m C L a' L # Q1 N a) 0 0 m o U O c0 N C C T� U) °c,a) # T m Vl Lv #LTmyLo ' -o L) -C CJ :3 N Ea)ocy �m m C ai c a o v°), v c a` o Z N =° aci o 3 °) m c c� '� c� a v o a'� O rn n c c c'- T$ o d o a m °_ L c N G N O V1 ) 7 a.T. D) N C .V ° C _U U N W �y�o'>.��ayi�.�' ^am E Wit» 'aU U c m y�mn =- 'a_ -)-) -= (a- Na�imE U) U) E y�� o c i v c,- a 0 0 >O � a° w m E a)�j' D L N a .� 0 `O ° U L I 0 N w C a7 H a M u°) O O L C a) N C Ul � a7 y � N� C U W� c CL aa) m c°) 2 V ° .cQ1 L Lo L c. U o 2 ai Z d ai a a) °) o d .N ai '� )' a m d. a) N o m L O C° O U '"' v E N E Z E CL c cn ' 'M O O O O L L O O �. O L O O° y O U a C L cQ Ln .0 a a. t C C >> a7 a) i U LO O U) ac W co c M 10 w m E O E _ 0 v N m 609 0EA O c U LL c U -0 O Q) .0 c LO cn�aLL v 69 CD 0 U) co w C6 v w d � w O C _ 7 C7 Cm O � 0 O CI) 0 U. U 0 v a N IT n0 69 _ � o U f0 c 7 Lon U) T y= E Z5 y V a) Z cN9 0 CU M a) E O1 y y O O t 0 TL ocd0 E v� `O o 6a rn> om° O `o 0- a` Sa)�m aci�p0)a cU ° -�cc -y?? o'ya tyyoo c� mw d O m L yU�'^'0 O EOr> °2 °T=oot �a i.MmaEi # N th V m a� ,a^ V U_O �O Z 0: Qa O U) Y W OF- Z m H O M W W a. H J -j LLJ W m WWC CC L DUO F W W �2z O W LL O U Z G c Q FW- N * W Q' 0 M W = W i- N W Ix co z �aN a =o OmD O W LL. It Z a� O� aCL Fn� mZ OW cn 2 J U) W Z> Q Z_ LL. W 02 O O U m Resolution No. 9292 Exhibit C (D O O y C O .� C O L C O m U N N C m e C- .3 y al N C. - .3 N N N Z O L N U M m O' C a) O °' C a1 0 -•y m to 'a N m a1 (n L' N 'O Q7 gip' �'p C C 'O y R y C ' C 7 N L Of C 7 C j y < a m C Q m C„ L m m C Q m C w'-. a7 c V'-. a) C Q N 0 O ama� CL °' O a) a) um O 0 N um mo n -° E r y dnL°' C ma C =L 0) N F-- c n. (D LLrn -y F- c 0- a1 r- CU m co y U y 0 ` v p ° o °c v o °c a� n 'Dccm `m a o_ � �ccm a� X m m U •°ca' =c� C CL N :E a � T.m V1 ' a F N ' a H N ' a C O a) -O > �°'c•a� gym° x #m° #a�wmrnc w o m o '� ca m y �_ XX �_ W° 0 7 m •' C m 05 m C m 05 m O d N S C O 0 W 0 O ) C 07 a' y N N N N N d O) C - d QI.0 = CL - O C coQ 3� c��a) a' cam•` -jQ-' m m �mrnEm a) Ccm m may�'r` l4 7 Z Z N a) a) O 7 2 Z y a) m o mb o a> !JJ ' C = (D a) (� 7 C r a): a) 0 m (n N 0 — N > C v)cn 0 cA�L E m r-'- E y c -•- E y y c c W ``-°c'rn w�um Eaa)i -o Eraa'iv'''m E�m�a'� �Cc UCac Mc0 maa)`�°� mcEC "a y 7' 2 x d 7' O O) N c a) .. O O O° C N C m 0 y 0 °. Oi N O 0 N O` aD y d C z a- o °' m W C X „° CL a) m amt a� E E o CD C y a� E E a a) T m O CL c.° m y'� o v •� w Qa cts w E u v E m y E v v E d m E 7 a Z E L m > L m >> L O O c N c m -0 L O O C 0 c L O O X al 0 C7 co N O (n Q N p W N Kf ttf w II W (D E 0 O E z 0 m Ur u°). °� 0 � 0 40 'y0 O U LL is C �a c obi a o U- d m° 40 U co cn w R N O W C � N W w w o W 0 d = d � cn a to °o o o °o_ m o m N T LL U fA � � w m c U O U O 7 6 CL U) LL m ��E d0 �r m a OfL y OJ y ° = ° = U a .O E Q (L m Cn m a m > m y> � m a N _a p C N a 7 d m cm CL -0 m d c c oa:° E m y m >,c L) LO �ya o �° 0 oo� no V o n co rn o m cn I c0 m Ls� Q CCA m C L) O Z 0: a o. It C7 0 Y W U � OZ C13 z ♦�1 WVX0 a ~o O JW W W 2 > U 0 U U Z >. 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N o a'. a7 0. 1 CM 64 W P 1 C 7 O U O O O Of 07 N O O N N J : a% F 7 0 C R d n D v at 2 0 Z 0 5 U O W m c y 7 S X Cp� ice- O • Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis Obispo, CA 93401 i3 RESOLUTION NO. 9291 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT DESERET PLACE, WEST OF CASA STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS AND OTHER PRESCRIBED CONDITIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on February 19, 2002, pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, that this Council finds and determines that Deseret Place, west of Casa Street, as described and shown on the map marked "Exhibit A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. The City has fee title to the subject right of way being abandoned. The City Council has determined that this subject parcel of right of way is surplus property, pursuant to the City Charter (Section 906), the California Government Code (Sections 54222 and 65402) and procedures of the City's Property Management Manual. The City Council also determined that the abandoned right of way should be conveyed only to the adjacent property owner(s), due to its size, shape and location, subject to acceptable compensation. The compensation has been established to be the payment of $65,000 to the Housing Authority of San Luis Obispo, as partial compensation for the loss of three (3) residences to accomplish the ultimate expansion of the Sierra Vista Hospital complex. SECTION 3. This Council hereby orders the abandonment of said right -of -way subject to: A. Reservation of easements for public utilities, as follows: "Reserving, however, to Pacific Gas and Electric Company, Pacific Bell and Charter Communications, the right from time to time to install, maintain, repair, operate, replace, remove and renew lines of wires, poles and other structures, equipment and fixtures both above and underground for the operation of said facilities in said public way." R 9291 Resolution No. 9291 (2002 Series) Page 2 The final alignment and configuration of this easement is subject to modification to accommodate a proposed new driveway, to the satisfaction of the respective utility companies and the Public Works Director. The Public Works Director is hereby authorized to make any necessary adjustments on "Exhibit A" to accommodate this change. B. The applicant shall pay sixty -five thousand dollars ($65,000) to the Housing Authority of San Luis Obispo to compensate for the value of the right of way. This payment is partial compensation for the loss of three (3) residences to be demolished, as part of proposed expansion of the Sierra Vista Hospital complex. C. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment resolution to eliminate any landlocked parcels, to the satisfaction of the Public Works Director and Community Development Director. If a lot line adjustment or lot merger is not possible, an access easement may be considered, to the satisfaction of the Public Works. D. The public water main in Deseret Place shall become a private main, along with any fire hydrants. An appropriate backflow devise, valves or other necessary appurtenances shall be installed to City and State standards and any existing water services and meters within Deseret Place must be relocated to the Casa Street frontage, to the satisfaction of the Public Works Director and Utilities Director. E. The storm drain easement (between Deseret Place and Stenner Creek) shall be quitclaimed by the City. The storm drain system shall become the responsibility of the property owner. F. Street lighting within the abandoned street shall be private and the property owner must make provisions to assume the energy costs from Pacific Gas and Electric Company. G. The existing parking and driveway easement and agreement between the existing medical office building on Casa Street, Sierra Vista Hospital and the proposed new parcels must be reviewed by City staff to evaluate necessary revisions necessary as a result of this abandonment. H. Modifications to existing frontage improvements shall be required along Casa Street. A "street- type" entrance is acceptable, particularly if the driveway is to remain the "emergency entrance "; otherwise, a driveway ramp or "alley- type" entrance, sidewalk and curb ramps may be installed, to the satisfaction of the Public Works Director. The public waterline within the Deseret Place RIW shall be abandoned at the mainline in Casa Street, to the satisfaction of the Utilities Director. C) 0 Resolution No. 9291 (2002 Series) Page 3 J. The applicant is required to submit an alternative emergency vehicle access plan to the K. Fire Department for approval, prior to removal of the driveway and/or the effectiveness and recordation of this resolution, since the fire department and ambulance vehicles currently use Deseret Place as the primary access to the hospital emergency room. L. The existing fire hydrant at the end of Deseret Place shall be relocated to a location as approved by the Fire and Utilities Departments. M. Recordation of a 20 ft. wide (minimum) common driveway easement agreement which provides for common driveway access in perpetuity to existing parcels (currently served by the Deseret Place right of way) and proposed parcels, to the satisfaction of the Community Development Director. N. Item C must be met within one (1) year of this date. Otherwise, this resolution will expire and be null and void. SECTION 4. Upon notification from the Director of Public Works to the City Clerk that the conditions prescribed in Section 3 have been met, the City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. On motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: Council Member Mulholland ABSENT: None The foregoing Resolution was adopted this 19`h day of February i MAYOR Allen K. Settle CITY CLERK.: Lee Price 0 0 Resolution No. 9291 (2002 Series) Page 4 APPROVED AS TO FORM: O04 .to Resolution N0. 929 8( VD a r I DESERET PLACE ABANDONMENT LEGAL DESCRIPTION All of Deseret Place, as per that certain quitclaim deed, recorded per Document No. 1844 on January 22, 1971 in Volume 1602 at Page 718 of Official Records, in the office of the San Luis Obispo County Recorder, State of California and as shown on that certain Parcel Map recorded in Book 41 of Parcel maps at Page 1, in the office of the said County Recorder. A City O f SAn WI S OBI SPO Department of Community Development 990 Pelm Street /Post Office Box 321, San Luis Obispo, CA 93408 GATAMINT N15591 as wO � so Z' w W aj D n rr aa: 0 .ye "Exhibit A" DESERET PLACE ABANDONMENT Feb. 19, 2002 JK O = w wA P Ir i J, uQS•u•F x.e� Cq \ \ �.� �o/• oRrro Jy \ \ a r I DESERET PLACE ABANDONMENT LEGAL DESCRIPTION All of Deseret Place, as per that certain quitclaim deed, recorded per Document No. 1844 on January 22, 1971 in Volume 1602 at Page 718 of Official Records, in the office of the San Luis Obispo County Recorder, State of California and as shown on that certain Parcel Map recorded in Book 41 of Parcel maps at Page 1, in the office of the said County Recorder. A City O f SAn WI S OBI SPO Department of Community Development 990 Pelm Street /Post Office Box 321, San Luis Obispo, CA 93408 GATAMINT N15591 as wO � so Z' w W aj D n rr aa: 0 .ye "Exhibit A" DESERET PLACE ABANDONMENT Feb. 19, 2002 JK �W ��� n 1 Lv'XI �/y ^/� \I `I /� 'J V i N 0 RESOLUTION NO. 9290 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING PROPOSITION 40, THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT WHEREAS, California's state, regional, and local parks serve as recreational, social and cultural centers for California's communities, providing important venues for youth enrichment and safety; community identity; protection of natural, cultural and historic sites, parkland and open space and tourism, and WHEREAS, in order to maintain a high quality of life for California's growing population, a continuing investment in parks, recreation facilities, and the protection of the state's natural, cultural and historic resources is needed, and WHEREAS, each generation of Californians has an obligation to be good stewards of these natural and community resources in order to pass them onto their children, and WHEREAS, California's citizens and visitors have increased their visits to state and local parks for healing and strength, sense of community, freedom and peace during these turbulent times, and WHEREAS, California is known for its incredible natural resources of open space, parks, mountains, rivers, coastline, and forests that positively impact the state and local economy, and WHEREAS, California is largely an urban state where it is projected the state's population will continue to grow by 18 million by 2020; thereby placing more pressure on existing parkland and facilities; and WHEREAS, California's economy is dependent upon maintaining a high quality of life that includes attractive and safe public park and recreation facilities and services, and WHEREAS, Proposition 40, the Clean Water, Clean Air, Safe Neighborhoods Parks; and Coastal Protection Bond Act of 2002, provides $2.6 billion for state and local park projects to preserve California's natural heritage and.allow urban areas to expand much needed recreation facilities that serve children, youth, seniors, and families. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City hereby endorses Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002, and encourages California voters to approve this bond act on March 5, 2002. Upon motion of Council Member Ewan, seconded by Council Member Schwartz, and on the following roll call vote: :' '1 O O Resolution No. 9290 (2002 Series) Page Two AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx, and. Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 19`h day APPROVED AS TO FORM: G. fbrggXj' n, 9fty Attorney 0 RESOLUTION NO. 9289 (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 19 2000 - JUNE 309 2004 BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Police Officers' Association (POA), attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Dale Strobridge, San Luis Obispo Police Officers' Association, and Ann Slate, Director of Human Resources. Upon motion of Council Member Schwartz, seconded by Vice Mayor Schwartz, and-on the following roll call vote: NOES: ABSENT: The foregoing resolution was adopted this 19`s day of February 2002. ATTEST: I.ee Price, City Clerk APPROVED AS TO FORM: F4 . ,✓' 0/ Attorney , m N Exhibit A Resolution No. 9289 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE POLICE OFFICERS' ASSOCIATION JULY 1, 2000 - JUNE 30, 2004 � ' san Luis oaIspo • 0 Exhibit A Resolution No. 9289 TABLE OF CONTENTS Article No. Title Pace No. 1 Preamble ................................ ............................... 1 2 Recognition ............................ ............................... 2 3 Check Off /Dues Deduction ....... ............................... 3 4 Employee Rights ..................... ............................... 4 5 Management Rights ................. ............................... 5 6 Representative Role ................. ............................... 6 7 Salary .................................... ............................... 7 8 Master Police Officer Program ............................... 13 9 Reclassification /Communications Supervisor............ 15 10 Bilingual Pay ......................... ............................... 16 11 Overtime - Sworn .................. ............................... 17 12 Overtime — Non -Sworn .......... ............................... 19 13 Work Out -Of -Grade ............... ............................... 21 14 Standby ............................... ............................... 22 15 Education, Incentive ............... ............................... 23 16 Uniform Allowance ................ ............................... 25 17 Health Care Insurance ............ ............................... 26 18 Retirement ................................................ a......... 30 19 Seniority .............................. ............................... 31 20 Holidays ............................... ............................... 32 21 vacation .............................. ............................... 34 22 Sick Leave ............................ ............................... 35 23 Family Leave ........................ ............................... 36 24 Bereavement Leave ............... ............................... 38 25 Catastrophic Leave ................ ............................... 39 26 Workers' Compensation Leave .. .............................41 27 Jury Duty and Military Leaves . ............................... 42 C� O Exhibit A Resolution No. 9289 Article No. Title Page No. 28 General Provisions ................... .............................43 29 Residency Requirements ........ ............................... 44 30 Promotional Policy ................... .............................45 31 Definitions ............................ ............................... 50 32 Grievance Procedure .............. ............................... 51 33 Layoffs ................................ ............................... 53 34 Work Actions ........................ ............................... 55 35 Communication Process ........... .............................56 36 Notice to the Association ....... ............................... 57 37 Equipment ............................ ............................... 58 38 Light Duty ............................ ............................... 59 39 Work Schedules .................... ............................... 60 40 SWAT .................................. ............................... 62 41 Traumatic Incidents ............... ............................... .63 42 No Discrimination .................. ............................... 64 43 Reopeners ............................ ............................... 65 44 Full Agreement ..................... ............................... 66 45 Savings Clause ..................... ............................... 67 46 Renegotiations ...................... ............................... 68 47 Term of Agreement ............... ............................... 69 Appendix "A" - Classification . ............................... 70 Appendix "B" — Grievance Forms ........................... 71 Appendix "C" — Patrol 3/12 Work Plan ................... 74 Appendix "D" — Communications Work Plan ........... 82 Appendix "E" — Flexible Benefits Plan ..................... 88 Appendix "F" — Shift Adjustment ........................... 91 Appendix "G" — Rules Governing Salary Increases ... 93 o • Exhibit A Resolution No. 9289 ARTICLE 1 PREAMBLE 1.1 This Agreement is effective and entered into this 1st day of July, 2000, by and between the City of San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police Officers' Association. 1.2 The purpose of this Agreement is to promote the improvement of personnel management and employer /employee relations, provide an equitable and peaceful procedure for the resolution of differences and establish rates of pay and other terms and conditions of employment. 1.3 The City and the Police Officers' Association agree that all employees of the City share in the important responsibility of providing superior service to the public and that every job and position is considered to be important. 1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for any provision in City Charter Section 1107 or Resolution No. 6620 (1989 Series) unless so stipulated to by provision(s) contained herein and agreed to. 1 G O Exhibit A Resolution No. 9289 ARTICLE 2 RECOGNITION The City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the Police Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of the Agreement. r 2 o �► Exhibit A Resolution No. 9289 ARTICLE 3 CHECK OFF/DUES DEDUCTION 3.1 The City shall deduct dues from City employees and remit said dues to the Association treasurer, which dues shall not include assessments. 3.2 Dues deduction, additions, and/or deletions shall be recorded by the City's Finance Officer and a notification of all dues transactions shall be sent monthly to the Association President. 3.3 The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. 3 Exhibit A Resolution No. 9289 ARTICLE 4 EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations including, but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. E 4 a M ARTICLE 5 MANAGEMENT RIGHTS 0 Exhibit A Resolution No. 9289 The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over. its organization and the technology for performing its work. The City's exercise of its rights under this section are subject to the provisions of City Charter Section 1107_ and applicable State law. 5 O Exhibit A Resolution No. 9289 ARTICLE 6 REPRESENTATIVE ROLE Members of the Association may, by a reasonable method, select not more than three employee members and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by the Association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The Association shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further. (A) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Police Chief or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item (B) below. That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. (B) Association members will donate a total of 250 hours per year (inclusive of any carryover time) of vacation time, holiday time, and compensatory time off to an Association "time bank" under the following guidelines: 1. Only Association officers or bargaining team members may draw from the bank. 2. Requests to use time from the bank must be made reasonably in advance of the use. Approval is subject to the operational necessity of the department and normal time off approval processes. 3. Within 120 days, the parties will establish the administrative details of this program through amutually agreed upon side letter. 2 0 ARTICLE 7 SALARY 7.1 Rules. Governing Step Increases • Exhibit A Resolution No. 9289 The rules governing step increases for employees covered by this MOA are included in the current Salary Resolution (4272 [1980 Series], incorporated herein as Appendix G) with the following modifications: A. Advancement to the second and third steps in the salary range shall be at twelve- month intervals. B. The Police Chief shall be authorized to reevaluate employees who reach top step in their pay range. An employee who is not performing up to standard for the top step shall be notified in writing that the Police Chief intends to reduce him one step unless his job performance improves significantly within a 60-day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The top step may be reinstated at any time upon recommendation of the Police Chief. If the Police Chief deems it necessary to again remove the top step during the same fiscal year, he may make the change at any time with three business days' advanced written notice. Effective the first full payroll period in January 2002, the salary range for Police Officer consists of seven steps (1 through 7). Steps 1 through 6 equal 95% of the next highest step, computed to the nearest $1.00 The salary range for Communications Technician, Evidence Technician, Field Services Technician and Police Cadet consists of five steps (1 through 5). Each across- the - board % salary increase shall raise each step of the range by the %. Step 5 of each successive salary range will be 2.63 % above step 5 of the next lower range. After all steps of each salary range have -been established, each shall be rounded off to the nearest $1.00. Employees who are eligible for advancement to top step must receive a "Meets Performance Standards" or better on the overall rating on their most 7 o Exhibit A Resolution No. 9289 recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. Employees who are eligible for advancement to step 4 or 5 must receive a "Meets Performance Standards" or better on the overall rating on their most recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. Effective the first full payroll period in January 2002, employees occupying steps 1 or 2 of the December 2001 salary range shall be advanced to the new step 1 (December salary range, old step 3). Employees occupying steps 3 through 7 in the December salary range shall each advance 1 step in the new range. Subsequent increases will occur on the employee's anniversary date or based on meeting Master Police Officer requirements for steps 6 and 7. . .. Effective the first full payroll period in January 2002, Communication Technicians occupying Step 1 of the December 2001 salary range shall be advanced to the new Step 1. 7.2 Salary Increases for Term of AUeement Salary increases will be paid on the first day of the first full pay period following the dates listed below: Sworn Non -Sworn July 2000 5.0% 5.0% July 2001 3.0% 3.0% January 2002 2.0% 2.0% July 2002 3.0% 3.0 %(.5 %for FST) January 2003 2.0% 2.0% July 2003 2.0% 5.0% January, 2004 2.0% The Field Service Technician job descriptions shall be modified to eliminate the requirement of emergency medical dispatch certification and dispatch relief. 8 0 7.3 Salary Ranee Listing - July 2000 through June 2004 E Exhibit A Resolution No. 9289 July 2000 5% Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly / Monthly/ Range Title BI-Weekly 81- Weekly BI- Weekly Bi -Weekly BI- Weekly Bi -Weekly Bi- Weekly Bi- Weekly 81- Weekly 705 Police Cadet 2,717 2,860 3,011 3,169 3,336 3,512 3,696 1,254 1,320 1,390 1,463 1,540 1,621 1,706 707 Field Service 2,937 3,092 3,254 3,425 3,606 3,796 3,995 Technician 1,356 1,427 1,502 1,581 1,664 1,752 1,844 708 Communications 2,937 3,092 3,254 3,425 3,606 3,796 3,995 Technician I 1,356 1,427 1,502 1,581 1,664 1,752 1,844 720 Evidence 3,910 4,116 4,332 4,561 4,801 5,053 5,319 Technician 1,805 1,900 2,000 2,105 2,216 2,332 2,455 750 Police Officer 3,660 3,852 4,055 4,268 4,493 4,730 4,978 5,241 5,516 1,689 1,778 1,872 1,970 2,074 2,183 2,298 2,419 2,546 July 2001 3% Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi -Weekly BI-Weekly Bi- Weekly BI-Weekly BI-Weekly BI- Weekly BI-Weekly BI-Weekly Bi- Weekly 705 Police Cadet 2,798 2,946 3,101 3,264 3,436 3,616 3,807 1,292 1,360 1,431 1,506 1,586 1,669 1,757 707 Field Service 3,025 3,184 3,351 3,528 3,713 3,909 4,115 Technician 1,396. 1,469 1,547 1,628 1,714 1,804 1,899 708 Communications 3,025 3,184 3,351 3,528 3,713 3,909 4,115 Technician 1 1,396 1,469 1,547 1,628 '1,714 1,804 1,899 720 Evidence 4,028 4,240 4,463 4,698 4,945 5,206 5,480 Technician 1,859 1,957 2,060 2,168 2,282 21403 2,529 750 Ponce Officer 3,769 3,967 4,176 4,396 4,627 4,871 5,127 5,397 5,681 1,739 1,831 1,927 2,029 2,136 2,248 2,366 2,491 2,622 9 rm January 2002 2% increase m Exhibit A Resolution No. 9289 750 Police Officer 4,386 4,617 4,860 5,116 5,385 5,669 5,967 2,024 2,131 2,243 2,361 2,485 2,616 2,754 10 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly 81-Weekly Bi- Weekly BI- Weekly Bi- Weekly 705 Ponce Cadet 3,162 3,329 3,504 3,689 3,883 1,460 1,536 . 1,617 1,702 1,792 707 Field Service 3,418 3,598 3,788 3,987 4,197 Technician 1,578 1,661 1,748 1,840 1,937 708 communications 3,418 3,598 3,788 3,987 4,197 Technician I 1,578 1,661 1,748 1,840 1,937 720 Evidence 4,553 4,793 5,045 5,311 5,590 Technician 2,101 2,212 2,328 2,451 2,580 750 Police officer 4,259 4,483 4,719 4,967 5,229 5,504 5,794 1,966 2,069 2,178 2,293 2,413 2,540 2,674 July 2002 .5% Increase for Field Service Technicians and 3% for all others Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly BI- Weekly Bi- Weekly Bl- Weekly Bi- Weekly Bi- Weekly 705 Police Cadet 3,258 3,429 3,610 3,800 4,000 1,504 1,583 1,666 1,754 1,846 707 Field Service 3,436 3,617 3,807 4,008 4,219 Technician 1,586 1,669 1,757 1,850 1,947 708 Communications 3,521 3,706 3,901 4,106 4,323 Technician 1 1,625 1,710 1,800 1,895 1,995 720 Evidence 4,689 4;936 5196 5,469 5,757 Technician 2,164 2;278 2,398 2,524 2,657 750 Police Officer 4,386 4,617 4,860 5,116 5,385 5,669 5,967 2,024 2,131 2,243 2,361 2,485 2,616 2,754 10 G 0 Exhibit A Resolution No. 9289 January 2003 2% Increase Step 1 Step 2 Step Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title 81-Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 705 Police Cadet 3,323 3,498 3,682 3,876 4,080 1,534 1,614 1,699 1,789 1,883 707 Field Service 3,505 3,689 3,883 4,088 4,303 Technician 1,618 1,703 1,792 1,887 1,986 708 communications 3,591 3,780 3,979 4,189 4,409 Technician 1 1,658 1,745 1,837 1,933 2,035 720 Evidence 4,783 5,034 5,299 5,578 5,872 Technician 21207 2,323 2,446 2,575 2,710 750 Police Officer 4,474 4,709 4,957. 5,218 5,493 5,782 6,086 2,065 2,174 2,288 2,408 2,535 2,669 2,809 July 2003 2% Increase for Sworn and 5% Increase for Non-Sworn Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly BI- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 705 Police cadet 3,489 3,673 3,866 4,069 4,284 1,610 1,695 1,784 1,878 1,977 707 Field Service 3,680 3,873 4,077 4,292 4,518 Technician 1,698 1,788 1,882 1,981 2,085 708 Communications 3,771 3,970 4,179 4,399 4,630 Technician 1 1,741 1,832 1,929 2,030 2,137 720 Evidence 5,023 5,287 5,565 5,858 6,166 Technician 2,318 2,440 2,569 2,704 2,846 750 Police Officer 4,563 4,803 5,056 5,322 5,602 .. 5,897 6,208 2,106 2,217 2,334 2,456 2,586 2,722 2,865 11 O Exhibit A Resolution No. 9289 January 2004 2% Increase for Swom Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly BI- Weekly Bi -Weekly 81-Weekly BI-Weekly BI- Weekly BI- Weekly 705 Police cadet 3,489 3,673 3,866 4,069 4,284 1,610 1,695 1,784 1,878 1,977 707 Field Service 3,680 3,873 4,077 4,292 4,518 Technician 1,698 1,788 1,882 1,981 2,085 708 Communications 3,771 3,970 4,179 4,399 4,630 Technician 1 1,741 1,832 1,929 2,030. 2,137 720 Evidence 5,023 5,287 5,565 5,858 6,166 Technician 2,318 2,440 2,569 2,704 2,846 750 Police Officer 4,654 4,899 5,157 5,428 5,714 6,014 6,331 2,148 2,261 2,380 2,505 2,637 2,776 2,922 12 lil Exhibit A Resolution No. 9289 ARTICLE 8 MASTER POLICE OFFICER PROGRAM 8.1 The Master Police Officer Program shall be as follows: The specialty assignments included in this program are: Field Training Officer 3 years S.O.R.T. 3 years Traffic Officer 3 years Investigator 4 years DARE and SRO 3 years Crime Scene Investigator 3 years Range Master* 4 years Downtown Officer 3 years * Applicable for MPO Il only Officers presently serving in specialty assignments shall have the option of serving out the longer of the previous or new term with full credit for the assignment. Example: S.O.R.T., previously a two -year term, may opt for a three year term. Traffic Officer, previously a four year term, may opt for completing four years or rotating out of the assignment at the completion of three years with full credit for the assignment. 8.2 To be eligible for compensation under this program, an employee must receive and maintain at least a "Meets Performance Standards" rating on their evaluation. 8.3 Compensation under this program shall in no case exceed two steps on the salary range. 8.4 Master Police Officer I Two full years at Step 5 of the salary range. Must have obtained an Intermediate POST certificate. Must have successfully completed two years in a specialty assignment. Compensation: Police Officer Step 6.. 13 O 3 Exhibit A Resolution No. 9289 8.5 Master Police Officer H Three full years at the Master Police Officer I level. Must have obtained an advanced POST Certificate. Must have successfully completed two years in two additional special assignments and at least two years in a third specialty assignment. Reassignment, with a break in service, to the same assignment will be credited as a third assignment. To be credited for purposes of compensation, an officer shall be required to complete the terms of any specialty assignment unless early departure for good cause is/was authorized by the Chief of Police. Departure for any other reason will forfeit MPO compensation at the time of departure. Compensation: Police Officer Step 7. Officers at the WO II level will be permitted to wear a two stripe insignia (otherwise recognized as Corporal stripes) recognizing their status as determined by Department uniform policy. Any employee who has previously held a specialty assignment in S.O.R.T., but-did not complete the stated time requirements as stated above (except for disciplinary removal), will be credited with two years service in that specialty assignment. 14 O • Exhibit A Resolution No. 9289 ARTICLE 9 RECLASSIFICATION /COMMUNICATIONS SUPERVISOR 9.1 The City shall reclassify two Communications Technician positions to Communications Supervisor positions. 9.2 Communications Supervisors shall be responsible for shift supervision, employee performance evaluations including monthly counseling evaluations, scheduling, and training issues including new hires and in- service training. They shall report directly to the Communications Manager. 9.3 Communications Supervisors shall have a work schedule determined by the Department that ensures appropriate coverage for all communications personnel. 9.4 Compensation for Communications Supervisors shall be established at two steps above Step 6, Salary Range 708. 15 O ,J Exhibit A Resolution No. 9289 ARTICLE 10 BILINGUAL PAY 10.1 Employees certified as bilingual in Spanish through a testing process shall receive a bilingual payment of $35 per pay period. Additional languages may be approved by the City based upon demonstrated need. Regardless of certification, all employees shall use any language skills they possess to the best of their ability. 16 . O • Exhibit A Resolution No. 9289 ARTICLE 11 OVERTIME - SWORN 11.1 DEFINITION Overtime is defined as all hours worked in excess of 160 hours worked in the employee's 28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off shall be considered hours worked when computing overtime. 11.2 ELIGIBILITY All sworn employees covered by this Agreement shall be eligible for overtime pay. 11.3 COMPENSATION A. Overtime hours 161 through 171 worked in the employee's 28 day work period shall, at the employee's option, be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. However, no employee shall accumulate and have current credit for more than 80 hours of compensatory time off. B. Overtime earned in excess of the first 11 hours of overtime earned in the employee's 28 day work period shall be compensated in cash at time and one half the employee's regular rate of pay. C. The Association and the City agree that CTO usage is subject to normal time off approval processes and may be denied if it would result in the need for overtime coverage (except when scheduled in conjunction with approved vacation during the annual vacation sign -ups). 11.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as. found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 17 0 1 Exhibit A Resolution No. 9289 11.5 CALLBACK Effective the first full pay period upon ratification, employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three -hour minimum payment at time and one half. Unanticipated emergency call-backs ( homicides, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 11.6 COURT TMIE A. Effective the first full pay period upon ratification, employees reporting for court duty shall be guaranteed three hours minimum payment at time and one -half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. 11.7 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 11.8 TRAINING Employees called back for training sessions, authorized by the Police Chief or Watch Commander, shall be guaranteed two -hour minimum payment at straight time. 11.9 RANGE QUALIFICATION A. Sworn personnel shall be guaranteed two hours at straight time when participating in range qualification training when off duty. B. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition each month. 18 o • Exhibit A Resolution No. 9289 ARTICLE 12 OVERT%ffi - NON -SWORN 12.1 DEFINITION Overtime is defined as all hours worked in excess of 40 hours worked in a workweek. Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours worked when computing overtime. 12.2 ELIGIBILITY All non -sworn employees covered by this Agreement shall be eligible for overtime pay. 12.3 COMPENSATION Overtime shall be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. 12.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 12.5 CALL BACK Effective the first full pay period upon ratification, employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three -hour minimum payment at time and one half. Unanticipated emergency call -backs (homicides, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 19 J Exhibit A Resolution No. 9289 12.6 COURT TMIE A. Effective the first full pay period upon ratification, employees reporting for court duty shall be guaranteed three hours minimum payment at time and one -half B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. 12.7 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 12.8 TRAINING Employees called back for training sessions, authorized by the Police Chief or Watch Commander, shall be guaranteed two -hour minimum payment at straight time. 20 ARTICLE 13 WORK OUT -OF -GRADE 0 Exhibit A Resolution No. 9289 Employees temporarily assigned to work in a higher classification shall receive one step (5.26 %) additional pay but in no case more than the top step for the higher classification under the following conditions: A. The assignment exceeds ten consecutive workdays, or eighty consecutive work hours, in which case the step increase becomes effective on the first workday. B. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. 21 W ARTICLE 14 STANDBY Exhibit A Resolution No. 9289 14.1 DEFINITION Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." The parties further agree there is no intent to waive any individual rights under FLSA. 14.2 COMPENSATION Non-investigator A. Personnel placed on standby shall be compensated one - hour's pay for each five hours standby. B. Such employees shall be paid a minimum of three hours straight time when on standby. Each calendar day starts a new standby period. Investigator A. Investigators placed on standby shall be compensated $30 per day Monday through Friday, and $35 per day for other days of standby. B. Standby shall be rotated among the assigned investigators. Normally, the standby assignment shall be for a period of one week. 22 _ o • Exhibit A Resolution No. 9289 ARTICLE 15 EDUCATION INCENTIVE The educational incentive pay plan shall continue as described below for non -sworn personnel for the term of this agreement. A. . BASIC BENEFITS. Education incentive pay shall not begin until one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit for employees employed prior to July 1, 1981, will consist of one -half step above the base salary for possession of an A.A. or equivalent degree from an accredited community or junior college, or 60 or more semester units, or a City - approved equivalent; one full step for a B.A. or equivalent degree from an accredited college or university. B. JOB RELATED FIELDS. Degrees must be either in directly job related fields or include at least 30 semester, or City - approved equivalent, units of job related coursework in the case of an A.A. degree and at least 60 semester, or City - approved equivalent, units in the case of a B.A. Should an employee qualify for the one -half step basic benefit by having completed 60 or more semester units or City - approved equivalent, at least 30 of those units must be in job related coursework. All qualifying coursework must be graded at "C" or Pass or better. C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by the employee to the Chief of Police at least 30 days before the date the payment, of the incentive pay is to be effective. Approval of the Chief of Police and the Director of Human Resources shall be required. D. UNSATISFACTORY PERFORMANCE. In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the .Chief of Police, with the concurrence of the City Administrative Officer, may suspend payment of the incentive pay or Step E of the salary range, but not both, until such time as the 23 C 1Y Exhibit A Resolution No. 9289 employee's performance comes up to the standard level, in the opinion of the Chief of Police and in concurrence of the City Administrative Officer. E. NON - APPLICABILITY. Educational incentives shall not be paid for education received on City time. The education incentive will be removed if the employee is promoted to a position that does not entitle employees to such incentives. F. NEW EMPLOYEES. The basic benefit for employees hired on or after July 1, 1981, shall be a five percent step increase for a period of one fiscal year if during the previous fiscal year the employee has successfully completed —i.e„ grades of "C" or better in all courses — a minimum of nine semester units of college level classroom work, or City- approved equivalent, approved by the Chief of Police, provided that this benefit shall be payable only for classroom work done after completion of the probationary period. 24 �J ARTICLE 16 UNIFORM ALLOWANCE Exhibit A Resolution No. 9289 16.1 Each employee required to wear a uniform shall receive an annual uniform allowance as provided below and is expected to purchase and maintain in good repair all required uniform pieces. 16.2 The uniform allowance shall be: 1 July, 2000.... $800.00 1 July, 2002.... $850.00 1 July, 2003.... $900.00 This shall be issued to the employee with the first payroll check each July. 16.3 If an employee is off duty for more than three pay periods, the following July's allowance should be reduced by the appropriate prorated amount. 25 U ARTICLE 17 HEALTH CARE INSURANCE N Exhibit A Resolution No. 9289 17.1 CONTRIBUTION City shall contribute $415.00 per month for Cafeteria Plan benefits for each regular, full time employee covered by this agreement. Less than full -time employees shall receive a prorated share of the City's contribution. Effective March 1, 2002, the City's contribution shall be modified and increased as follows: Employee $290.00 Employees Plus One $540.00 Family $690.00 Employees shall be eligible for the City contributions set forth above based on the number of dependents they enroll in the PERS Health Benefit Program. Employees opting out of health coverage as provided for below, shall also receive payment at the employee only level. Effective in January 2003 and 2004, the City's contribution shall be changed by an amount equal to the average increase change for health coverage in the PERS HMOs available in San Luis Obispo County by category (i.e.. Employee, Employee Plus One and Family). Should fewer than three PERS HMO's be available in San Luis Obispo County, the City and Association agree to meet and confer on modification to the formula for the contribution adjustment for January 2003 -04. 17.2 INSURANCE COVERAGE A. PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently 26 W • Exhibit A Resolution No. 9289 $16.00 per month for active employees and $1.00 per month for retirees. The City's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided. In summary, this cost and any increases will be borne by the employees. B. Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits. C. Dental.and Vision Insurance/Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not. have dependent coverage under PERS. 27 O 0 Exhibit A Resolution No. 9289 D. Long Term Disability Insurance (LTD) Sworn employees are covered for Long Term Disability Insurance through the Association and are responsible for premium payments. Non -sworn employees continue to be covered under the City's Long Term Disability Insurance Program. 17.3 FLEX03LE BENEFITS PLAN The 1988 -1993 addendum outlining the flexible benefits plan is incorporated herein as Appendix E. The non - reimbursed maximum medical cost will be $2,400 per calendar year. 17.4 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE The Association shall appoint one voting representative to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non - voting representative to provide a wider range of viewpoint for discussion. A. Duties and Obligations of the Medical Plan Review Committee The duties and obligations of the Medical Plan Review Committee shall be to: 1. Review and suggest changes for the City's. flexible benefits plan and the insurance plan offered under the MOA. 2. Submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan and the insurance plans offered under the MOA. 3. Disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA. 4. Participate in other related assignments - requested by the City and its employee associations. 28 - s • Exhibit A Resolution No. 9289 B. Miscellaneous 1. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. 2. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and the Association. 3. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. 4. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. 17.5 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS The City shall maintain and pay for the existing level of benefits for one (1) year for the surviving family of a unit member who dies while in the line of duty. 29 0 0 Exhibit A Resolution No. 9289 ARTICLE 18 i. 18.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 2% at age 50 plan to all sworn personnel and 2% at age 55 for all non -sworn personnel. The 2% at age 50 plan includes four amendments, namely, Post Retirement Survivor Allowance, the 1959 Survivor's Benefit, Level Four, age 50 voluntary retirement, military service credit, and one -year final compensation (except all employees hired as sworn officers on or after 1 July 1987 shall have their final compensation for retirement purposes figured on their highest three years) and conversion of unused sick leave credit to additional retirement credit. The 2% at 55 plan has three amendments, 1959 Survivor's Benefit, Level Four, one year final compensation, military service credit, and conversion of unused sick leave credit to additional retirement credit. Effective no later than March 1, 2003, the City shall amend its PERS Public Employees Retirement System program to the full formula 3% at 50 plan for all sworn personnel. The City shall implement the single highest year benefit for all sworn unit personnel as soon as possible. 18.2 Effective January 1, 2000, the City discontinued paying the sworn employees' share of the PERS Contribution (9 %) and the non -swom employees' share of the PERS Contribution (7 %). The 9% and the 7% were added to the employees' base salaries and reported as compensation to PERS. The employee pays to PERS their contribution; as . ... . allowed under Internal Revenue Code Section 414. (h) (2) the contribution is made on a pre -tax basis. 30 ® • Exhibit A Resolution No. 9289 ARTICLE 19 SENIORITY 19.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications Technician, Field Service Technician, etc.) will prevail as the standard. All days off, vacation, holidays, and shift selections will be determined by overall seniority in a specific job classification, in compliance with department policy. The department will continue to designate the shifts to be available; including the days off and shifts starting and stopping times. Employees will choose from those shifts designated by the department as available. 19.2 Seniority as it applies to. special assignments for the officers will also fall under this standard regardless of seniority in the special assignment.. This shall include all. current incumbents in specialty assignments as outlined in Article 8. 31 U ARTICLE 20 HOLIDAYS I-) Exhibit A Resolution No. 9289 20.1 For all employees, holiday leave shall be accrued as earned each payroll period at a rate of eight hours per month. The following thirteen days of each year are designated holidays for non -shift employees: January 1— New Year's Day Third Monday in January — Martin Luther King's Birthday Third Monday in February — Presidents' Day Last Monday in May — Memorial Day July 4 — Independence Day First Monday in September — Labor Day September 9 — California Admission Day Second Monday in October — Columbus Day November 11— Veteran's Day Fourth Thursday in November — Thanksgiving Day Friday after Thanksgiving Day December 25 — Christmas - One -half day before Christmas One -half day before New Year's 20.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. 20.3 Except with the prior approval of the Chief, non -shift personnel shall take the holidays as scheduled above. 20.4 If the department is unable to allow shift employees to take holiday leave, the Chief may approve payoff of holiday leave on a straight time basis. The payoff may occur once quarterly. This payoff is subject to annual approval of the Chief. 32 • • Exhibit A Resolution No. 9289 20.5 Each employee shall earn 4.33 hours of holiday leave semi - monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave (2.16 hours) each semi - monthly payroll period. 20.6 Effective January 2002, the remainder of the employee's annual holiday leave (52 hours) shall be advanced to the employee effective the first payroll period in January of each year. Such holiday leave may be taken off by the employee with the approval of the Police Chief or his designee. 20.7 Each calendar quarter, an employee has the option of receiving payment for one - fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time may not exceed 52 hours. Any holiday leave remaining as of the last payroll period in December of each year will be paid to the employee at the straight time rate. The December 2002 cash out will include all remaining holiday hours, even those that had been earned under the previous holiday provisions. If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the overage will be deducted from the employee's final paycheck.. 33 M ARTICLE 21 VACATION K Exhibit A Resolution No. 9289 21.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per year of continuous service since the benefit date for the first five years, 120 hours per year upon completion of five years, 144 hours per year upon completion of 10 years, and 160 hours upon completion of 20 years. 21.2 All employees may accrue a maximum of vacation time not to exceed twice their annual rate. 21.3 Vacation Sellback All employees in this unit are eligible, once annually in December, to request payment for up to 48 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Payment for unused vacation leave is subject to the availability of budgeted funds. 21.4 Patrol Vacation Assignment The master vacation schedule shall provide that two officers per watch shall be allowed to sign up for priority vacation. Officers shall only be required to sign up for regular workdays. Two additional officers (a total of four) shall be allowed to sign up on the master vacation schedule. The Department, under normal circumstances, dependent upon staffing level needs, may accommodate up to a maximum total of two officers per day per shift vacation. leave. Subject to the limitations above, after the posting of shifts/days off for each shift rotation, employees shall be allowed to request, by seniority, for additional available vacation days. 34 • ARTICLE 22 SICK LEAVE Exhibit A Resolution No. 9289 22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code. 22.2 Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries, according to the following schedule:. A. Death — 25% B. Retirement and actual commencement of PERS benefits: 1. After twenty years of continuous employment — 20% 2. After twenty -five years of continuous employment _ 25% 3. After thirty years of continuous employment — 30% 35 N ARTICLE 23 FAMILY LEAVE ;0 Exhibit A Resolution No. 9289 23.1 An employee may take up to 16 hours of sick leave per year if required to be away from the job to personally care for a member of his/her immediate family. 23.2 An employee may take up to 40 hours of sick leave per year if the family member is a part of the employee's household. 23.3 If the family member is a child, a parent or spouse, an employee may use up to forty- eight (48) hours annually to tend to the illness of a child, parent or spouse, instead of the annual maximums set forth in paragraphs 23.1 and 23.2 in accordance with Labor Code Section 233. 23.4 An employee may take up to 56 hours of sick leave per year if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. 23.5 The amounts shown above are annual maximums, not maximums per qualifying family member. A member of the employee's immediate family shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent, step - brother, step - sister, grandparent, or any other relative living in the same household. 23.6 In conjunction with existing leave benefits, unit employees with one year of City service who have worked at least .1280 hours in the last year may be eligible for up to 12 weeks of Family/Medical Leave within any 12 month period. Family/Medical leave can be used for: A. A new child through birth, adoption or foster care (maternal or paternal leave). B. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. 36 C • Exhibit A Resolution No. 9289 C. Placement of an employee's child for adoption or foster care. D. A serious health condition, which makes the employee unable to perform the functions of his or her position. This leave shall be in addition to leave available to employees under the existing four- month Pregnancy Disability Leave provided by California law. Paid leave, if used for family leave purposes or personal illness, will be subtracted from the 12 weeks allowed by the Family/Medical Leave Program. Employees must use all available vacation, compensatory time off and holiday leave and, if appropriate, sick leave prior to receiving unpaid Family/Medical Leave. 23.7 Employees on Family/Medical Leave will continue to receive the City's contribution towards the cost of health insurance premiums. However, employees who receive cash back under the City's flexible benefit Plan will not receive that cash during the Family/Medical Leave. The City will pay only City group health insurance premiums. 23.8 If an employee does not return to work following Family/Medical Leave, the City may collect the amount paid for health insurance by the City during the leave. There are two exceptions to this rule. A. The continuation of a serious health condition of the employee or a covered family member prevents the return. B. Circumstances beyond the employee's control. Further details on Family/Medical Leave are available through the City's "Guide to Family/Medical Leave Program ". 37 J Exhibit A Resolution No. 9289 ARTICLE 24 BEREAVEMENT LEAVE At each employee's option, absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, or any other relative living in the same household, provided such leave as defined in this Article shall not exceed 40 hours for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information given concerning the death of relationship shall be cause for discharge. 38 • ARTICLE 25 CATASTROPHIC LEAVE 0 Exhibit A Resolution No. 9289 25.1 Upon request of an employee and upon approval of the Chief of Police, leave credits (vacation, compensatory time off, or holiday time) may be transferred from one or more employees (donors) to another employee (recipient). The recipient may participate in the program under the six following conditions: A. The recipient is a regular employee. B. The recipient has sustained a life threatening or debilitating illness, injury or condition (The Chief may require that the condition be confirmed by a doctor's report.); or, C. A member of the recipient's immediate family, as defined in Article 23, has sustained a life threatening or debilitating illness, injury or condition (The Chief may require that the condition be confirmed by a doctor's report.). D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to a recipient's immediate family member, all allowed leave. E. The recipient must be prevented from returning to work for at least 30 days and have applied for a leave of absence without pay for medical reasons. This condition does not apply when the illness or injury involves a member of the recipient's immediate family, rather than the recipient. F. The request for participation in the program shall be made on an Application for Catastrophic Leave Program form. 25.2 Transferring Time The following rules apply when donations of time occur: A. Vacation, compensatory time off, and holiday leave may be transferred by regular employees. B. The time will be converted from the type of leave given (i.e. vacation; holiday, etc.) to sick leave or family care leave, whichever is appropriate, and credited to 39 Exhibit A Resolution No. 9289 the recipient's leave time balance on an hour- for -hour basis and shall be paid at the rate of pay of the receiving employee. C. The donations must be a minimum of four hours and, thereafter, in whole hour increments. D. The total leave credits received by the employee shall normally not exceed three months; however, if approved by the Chief, the total leave credits received may be up to a maximum of six months. E. Recipients of family care leave will be allowed to use all hours received, up to the limits of this policy (see D. above), even though such use exceeds the limits for family care leave found in Article 23. F. Donations approved shall be made on a Donation of Time Credits form signed by the donating employee. These donations are irrevocableunder any conditions. 25.3 Appeal Rigbts If an employee is denied participation in the program by the Chief, he/she may appeal this initial decision jointly to the Director of Human Resources. 40 Exhibit A Resolution No. 9289 ARTICLE 26 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on-the-job injury in accordance with State Workers' Compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by Workers' Compensation law during the fast 90 business days of such disability absence. 41 0 0 Exhibit A Resolution No. 9289 ARTICLE 27 JURY DUTY AND MILITARY LEAVES 27.1 JURY DUTY Any regular or probationary City employee, when duly called to serve on any jury, and when not excluded there from, or when subpoenaed to appear as a witness at any trial, shall be compensated for the time required to be spent under the jurisdiction of the court by an amount equal to the difference between the pay he/she received as a juror and his/her regular daily rate received from the City. The difference between the time required to be spent on jury duty and the normal workday of the employee shall be spent performing the employee's regular job assignments unless the department head, upon approval of the Director of Human Resources, determines this not to be practical. 27.2 MILITARY LEAVE Any line -item employee shall receive normal salary and fringe benefits during the first . thirty days of any period of temporary military leave. Such compensation shall not exceed thirty calendar days in any one fiscal year. Any temporary military leave in excess of thirty days in one fiscal year shall be taken as vacation leave or leave of absence without pay. 42 o • Exhibit A Resolution No. 9289 ARTICLE 28 GENERAL PROVISIONS 28.1 Pay Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 28.2 Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation provided the employee has sufficient vacation time coming to cover the pay period. Effective January 1, 2002, the practice of issuing paychecks prior to vacation shall be discontinued. 28.3 Salary Survey Agencies For the purposes of external comparisons the agencies to be used for review of compensation 'shall be the same survey agencies as the City uses for other City employees. Parties agree that this survey shall be based on total compensation and shall only be one of the considerations used to determine compensation. 43 O Exhibit A Resolution No. 9289 ARTICLE 29 RESIDENCY REQUIREMENTS An officers place of residence shall be within a one -hour driving radius from the San Luis Obispo Police Department. M ARTICLE 30 PROMOTIONAL POLICY • Exhibit A Resolution No. 9289 Promotions from Police Officer to Police Sergeant shall be subject to the following: 1. Job Announcement. When the Police Department notifies the Department of Human Resources of a Sergeant position vacancy, the Department of Human Resources will publish a job announcement. The job announcement will identify the selection procedure, which includes the application process, test components with their weights expressed as a percentage of the total score, and tentative dates of the testing schedule. Whenever available, the City will identify study materials at least 60 days in advance of a test. 2. Application Process. A completed City application must be received in the Department of Human Resources by the filing deadline. The filing deadline will be at least 30 days from the date the job announcement is released by the Department of Human Resources. 3. Testing Components. A. Written Test: The written test will count as 20% of the final score. 1. A standardized Police Sergeants multiple- choice test as provided by a testing service, such as Cooperative Personnel Services (CPS) or International Personnel Management Association (IPMA). If available, the City will provide a list of suggested study materials. 2. A score of 70% or better on the written test will enable a candidate to proceed in the testing process. A score below 70% will disqualify a candidate from further consideration. 3. All candidates will have the right to review with a representative from the Department of Human Resources their own written test results so that the candidate may have the opportunity to improve in the future. E1.1 O O Exhibit A Resolution No. 9289 4. The Chief or his designee will review the test before it is given to ensure that the exam contains material relevant to a supervisory position in San Luis Obispo. B. Assessment Center will count as 60% of the final score. 1. The Assessment Center may consist of 2 or more exercises. One of these exercises will be a traditional oral board interview. Other exercises may include a situational role - playing, oral resume, simulation exercises; and a supplemental questionnaire to assess written communication, critical thinking, problem solving and leadership skills, or other testing instruments as determined by the Human Resource Director in consultation with the Police Chief. The Human Resources Director shall determine the weight of each Assessment Center activity. In no case shall the oral interview count less than 60% of the total Assessment Center score. 2. The evaluators will be members of the law enforcement community. Selection of the evaluators will be made by the Human Resources Director in consultation with the Chief of Police. The Human Resources Director or his/her designee from the HR Department will be responsible for instructing the raters on how to conduct interviews and the scope of the interviews. 3. A Police Department observer as appointed by the Chief of Police and an Association observer as appointed by the Association may monitor the Assessment Center. The Association observer must be a neutral, non -unit member not a part of, nor directly impacted by the testing process. Both observers shall be subject to approval by the Human Resources Director. The Chief of Police or his/her designee will provide the evaluators and observers with information about the qualifications desired for the position being tested. :f: C41 C� Exhibit A Resolution No. 9289 4. At the conclusion of the testing process, each candidate will be asked to complete an anonymous evaluation of the testing procedure. This will be used to make improvements on the,process. The evaluation will not be used in determining the final outcome of the testing process. C. Staff Evaluation will count as 20% of the total score. In addition to this review, the Chief shall review the candidate's personnel files prior to making an appointment. The staff evaluation will not be provided to the oral panel. 1. Past and present day performance is a significant factor, which should be considered when determining a candidate's promotability. 2. Each candidate who passes the written test will be evaluated by all swor members of the Department with the rank of sergeant or lieutenant, excluding the Captains and the Chief of Police. 3. Subject to the approval of the Police Chief, if a supervisor feels he or she is unable to conduct an impartial evaluation due to unfamiliarity with a given applicant, he or she may opt not to evaluate the candidate but will be required to document the lack of familiarity on the evaluation form. 4. Staff evaluators will be able to review the three (3) most current performance evaluations and documentation from the last 24 months of counseling sessions. 5. Staff evaluations are to be in writing on a form developed by the Director of Human Resources and signed by the evaluator. 6. The staff evaluations will be discussed in a staff meeting. 7. Each applicant's evaluation forms shall be available for review by the applicant. The applicant shall not have access to the other applicants' evaluation forms. 8. Final scores will be tabulated by the Department of Human Resources. Prior to -the score tabulation, applicants will have the opportunity to request in writing that the Department of Human Resources correct any factual errors contained in the applicant's staff evaluation. EVA C \J Exhibit A Resolution No. 9289 D. Peer evaluation is not compulsory, is only advisory to the Chief of Police and does not count toward the final score. 1. Peer evaluation is limited to those candidates who pass the Assessment Center. 2. All regular Department employees below the rank of Sergeant may complete a peer evaluation on a form developed by the Director of Human Resources. 3. Participants must verify their eligibility to participate in the peer review process. 4. The results of the peer evaluation will be tabulated by the Department of Human Resources. All forms will be anonymously forwarded to the Chief of Police. 5. The tabulated results of the peer evaluation for each individual candidate shall be released to the individual candidate upon request of the Human Resources Director after the eligibility list has been certified. 4. Final Selection. A. Upon completion of the testing process, the Department of Human Resources shall tabulate the scores. B. Candidates will be ranked by total score. Candidates scoring below 70% will be ranked unqualified and not placed on the eligibility list. Each candidate will be individually given his/her score in writing. C. Final selection by the Police Chief will be in accordance with the City's Personnel Rules and Regulations. D. The eligibility list shall be valid for one year unless extended, in accordance with the City's Personnel Rules and Regulations. E. Announcements for promotional opportunities for members of the Association will list testing and scoring processes that will be followed. Once defined, testing and scoring processes will not be modified. 48 0 0 Exhibit A Resolution No. 9289 There will be no banding on promotional exams and, if a candidate is by- passed during the selection process, that person will be given a written reason by the Police Chief as to why s/he was by- passed. The City agrees to an opener to discuss the promotional process if the Police Chief goes below the top three (3) candidates in malting his selection on promotional exams two (2) or more times during the term of this contract. 49 C O Exhibit A Resolution No. 9289 ARTICLE 31 For purposes of uniformity in the performance evaluation process, the following definitions are provided: UNACCEPTABLE Consistently fails to meet performance standards and objectives for the position. Performance indicates serious lack of knowledge of basic skills or lack of application of skills. Requires immediate attention and improvement. EMPROVEMENT NEEDED Performance is frequently less than expected of a competent employee for the position. Performance indicates some deficiency in basic skill, knowledge or application. Specific efforts to improve desired. MEETS PERFORMANCE STANDARDS Performance indicates competent and effective. adherence to expected standards. Performance indicates fully acceptable demonstration of knowledge and skills. EXCEEDS PERFORMANCE STANDARDS Performance consistently above standards for position. Performance indicates superior knowledge and application of skills. OUTSTANDING Exceptional performance. Application of knowledge, skills and results are consistently well beyond the expected standard for position. 50 ® • Exhibit A Resolution No. 9289 ARTICLE 32 GRIEVANCE PROCEDURE 32.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of Charter Section 1107, the Employer - Employee Resolution, the Personnel Rules and Regulations, this MOA or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. A grievance filed by an individual employee should be clearly identified as a formal grievance. This will be accomplished through the use of a formal grievance form (See Appendix B). 32.2 Any employee may file and process a grievance by providing the time, place and circumstances of the action prompting the grievance. A formal grievance should be filed only after the employee has attempted to resolve the disagreement with his/her immediate supervisor. As a courtesy, the employee should advise his/her supervisor of any intention to file a formal grievance. This action must take place within 15 business days of the occurrence of the grievance. Employees may be accompanied by a representative at each step of the process. If a specific action to be grieved affects several employees, those employees may consolidate their grievances and be represented. 32.3 After consideration of a formal grievance, which could include consultation and/or further discussion, the Chief, within 15 days of the filing of the formal grievance, will provide a written response to the employee representatives advising of his decision. 32.4 Provided that implementation processes are coaectly followed, amending the Employer - Employee Resolution or the Personnel Rules and Regulations or creating new or amended written policies or procedures may not be grieved but shall first be subject to notice and consultation or meeting and conferring with the Association as provided in Sections 7, 8 and 9 of Resolution No. 6620. 51 0 0 Exhibit. A Resolution No. 9289 32.5 The grievance procedures shall be outlined in the Personnel Rules and Regulations. 32.6 Any dispute regarding the eligibility of an issue for the grievance process may be appealed through the process ultimately to the Hearing Officer who shall decide on the eligibility prior to ruling on the merits. 32.7 A grievance is appealable, following several preliminary steps, to a Hearing Officer whose decision shall be final. A list of five potential hearing officers shall be obtained from the State Mediation and Conciliation Service by mutual consent. Then following a random determination of which party begins, parties shall alternately strike one name from the list until only one remains. Any fees or expenses of the Hearing Officer shall be payable one -half by the City and one -half by the appellant. All other expenses shall be borne by the party incurring the expense. 52 33.1 Exhibit A Resolution No. 9289 ARTICLE 33 LAYOFFS Layoffs shall be governed by job performance and seniority in service within the department and job classification. For the purpose of implementing this provision, job performance categories shall be defined as follows: Category 1: Performance that is Unacceptable or Improvement Needed. Performance defined by this category is evidenced by the employee's two most recent performance evaluations with an overall rating that falls within the lowest two categories of the performance appraisal report. Category II: Performance that Meets Performance Standards, Exceeds Performance Standards, or is Outstanding. Performance defined by this category is evidenced by an employee's two most recent performance evaluations with an overall rating that falls within the top three performance categories of the performance appraisal.. 33.2 A regular employee being laid off shall be that employee with the least seniority in the particular job classification concerned who is in the lowest job performance category. Employees in Category I with the lowest seniority will be laid off first, followed by employees in Category II. Should the two performance evaluations contain overall ratings that are in the two different Categories as defined above, the third most recent evaluation overall rating shall be used to determine which performance category the City shall use in determining order of.layoffs. 53 9 0 Exhibit A Resolution No. 9289 33.3 The parties agree that employees who are laid off pursuant to this Article shall have reemployment rights prior to the employment of individuals on an open or promotion list. - The employee to be rehired must, at the time of rehire, meet the minimum qualifications as stated in the appropriate class specifications. Employees will be rehired on the basis of last out, first in. 54 ARTICLE 34 WORK ACTIONS 0 Exhibit A Resolution No. 9289 38.2 Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation. Provided, however, that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. 38.3 The Association shall not hinder, delay, interfere, or coerce employees of the City in their peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful picketing. 38.4 In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this Article, the City, in addition to any other lawful remedies or disciplinary actions, may by the action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the Association. 38.5 Employee members of the Association shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency. 38.6 Any decision made under the provisions of this Article may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within 10 working days after the Association first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. 55 � o Exhibit A Resolution No. 9289 ARTICLE 35 COMMUNICATION PROCESS 35.1 Conferences There will be meetings as needed between the Chief of Police and management member(s) and at least two Association representatives to discuss problems or other subjects of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed, actions to betaken, the party responsible for any action and the expected completion date. 35.2 Quarterly Meetings Two to four representatives of the Association, the City Administrative Officer (or designee), Chief of Police (or designee), and management representative(s) designated by the City will meet quarterly if there are issues of concern to the parties. No issues will be brought to this quarterly meeting without first having been discussed with the Chief of Police at a previous conference. 56 o � Exhibit A Resolution No. 9289 ARTICLE 36 NOTICE TO THE ASSOCIATION Prior to malting changes directly and primarily relating to matters within the scope of representation, the City shall give the Association advance notice and the opportunity to meet and confer with City representatives prior to making the change(s). 57 Exhibit A Resolution No. 9289 ARTICLE 37 )EUIPNIENT The City agrees to provide each sworn employee of the Association a Bianchi "Accumold" utility belt. The utility belt will only be wom as directed by the Chief of Police. The utility belt will become the property of the employee and the employee agrees to maintain this piece of equipment. A. The utility belt will consist of. belt, handcuff case, chemical spray holder, baton holder (to fit the baton carried by the employee), magazine case (to fit the magazines carried by the employee), holster (to fit the weapon carried by the employee), radio holder (to fit the radio carried by the employee), and four belt keepers. Any other accessories will be the responsibility of the employee. 58 Exhibit A Resolution No. 9289 ARTICLE 38 LIGHT DUTY The City and the Association have met and conferred on a light duty/retum to work policy, which is established by mutual agreement as Police Department Operations Directive L -02, dated May 12, 1999. 59 V ARTICLE 39 WORK SCHEDULES 0 Exhibit A Resolution No. 9289 39.1 The existing side letter agreements for schedules in patrol and communications are incorporated herein as Appendices C & D. Other division/assignments may be provided alternate work schedules under the following language: Employees may request that the Department Head or his/her designee consider alternate work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80 schedules, 12 -hour schedules, flexible schedules, etc. Alternate schedules may provide for paid or unpaid lunch periods of 30, 45 or 60 minutes. Except in cases of emergency, employees will be provided advance notice of at least thirty calendar days prior to having an alternate work schedule discontinued. Such notice does not apply to moving between alternate schedules, temporary schedule changes, flexible schedules, etc. If an alternate schedule is discontinued, the Department will notify the Association of the reason(s) for ending the schedule. Employees on flexible/alternate schedules shall continue to accrue time on the standard eight (8) hour day. Accrued leave shall be charged based on the number of hours missed due to a flexible schedule. Implementation of flexible /alternate. schedules in non -sworn employee(s) may have a different FLSA seven (7) day work cycle established. Once established, the FLSA work schedule shall not be changed on a frequent or routine basis. 39.2 Appendix D, Work Schedule for Communication Technicians shall be modified to read: "Shift assignments will consist of Day Watch, Night Watch, Day Relief and Night Relief. 1 L 0 Exhibit A Resolution No. 9289 With the exception of the relief shifts while covering vacation and holidays, days off will not be split without the employee's agreement except under emergency circumstances.. Paybacks will be scheduled in conjunction with work days, by seniority, as staffing permits. No employee will be allowed to work a particular shift assignment for more than two consecutive rotation periods, except as authorized by the Communications Manager. This will also include Relief Shift that works-the same general hours." 39.3 Shift adjustment guidelines are incorporated herein as Appendix F. 39.4 Field Service Technicians will be entitled to a thirty minute unpaid lunch break. 61 C �C Exhibit A Resolution No. 9289 ARTICLE 40 SWAT SWAT team members are required to maintain a higher standard of physical fitness than the normal employee. The City will reimburse each SWAT team member who voluntarily joins a physical fitness gym for the cost of the membership and monthly charges up to a maximum yearly rate of $375.00 per member. At the City's request each member requesting reimbursement may be required to provide proof of membership and active participation. GY ? o • Exhibit A Resolution No. 9289 ARTICLE 41 TRAUMATIC INCIDENTS Employees involved in a traumatic critical incident as defined by Operations Directive T -12, where the employee may be subject to investigation, shall be advised of his/her right to representation. 63 Exhibit A Resolution No. 9289 ARTICLE 42 NO DISCR E NATION 42.1 There shall be no discrimination by the City of San Luis Obispo in employment conditions or treatment of employees on the basis of race, color, religion, national origin, sex, sexual orientation, age, marital status, physical or mental disability, association membership or non - membership, or participation in the activities of the Association.. 42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association in treatment of employees on the basis of race, color, religion, national origin, sex, sexual orientation, age, marital status, physical or mental disability, Association membership or non - membership, or participation in the activities of the Association. M" 0 ARTICLE 43 • Exhibit A Resolution No. 9289 Upon request of either party, the City and Association agree to reopen negotiations during the term of this agreement on: • Implementation of improved retirement programs for non -sworn employees. Any such implementation shall be on a cost neutral basis to the City. • Retirement enhancements, if approved by the State Legislature and signed by the Governor. Examples include, but are not limited to the Deferred Retirement Option Plan. Any such implementation of retirement enhancements shall be on a cost neutral basis to the City. • Sick leave incentive programs. • Overtime sign -up language. Note: S -13 to be modified by July 1 2002 to provide for lists to extend 60 days from the date of the first special assimnent appointment. M • • Exhibit A Resolution No. 9289 ARTICLE 44 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request. '\ • ARTICLE 45 SAVINGS CLAUSE • Exhibit A Resolution No. 9289 If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a 30 day work period. If no agreement has been reached, the.parties agree to invoke the provision of impasse under Charter Section 1107. 67 O Exhibit A Resolution No. 9289 ARTICLE 46 RENEGOTIATIONS If either party wishes to make changes to this Agreement, that party shall serve upon the other its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party no more than 135 days nor less than 105 days prior to the end of the Agreement. If notice is properly and timely given, negotiations shall commence no later than 90 days prior to the end of the Agreement. M 0 Exhibit A Resolution No. 9289 ARTICLE 47 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 2000, and shall continue in full force and effect until expiration at midnight, June 30, 2004. The City will provide the Association with an electronic "read -only" copy of the MOA upon ratification. SIGNATURES 1. Classifications covered by this Agreement and included within this unit are shown in Appendix "A" 2. This Agreement does not apply to Temporary Employees or Part-time Employees. This Agreement was executed on February 19, 2002, by the following parties: CITY OF SAN LUIS OBISPO William Avery, City Consultant Ann Slate, Director of Human Resources SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION Dale Strobridge, Chief Negotiator Kris Dutra, Negotiator Mike Brennler, Negotiator Jason Berg, POA President L APPENDIX A CLASSIFICATION Non -Sworn Communications Technician Evidence Technician Field Service Technician Police Cadet Sworn Police Officer 70 Exhibit A Resolution No. 9289 APPENDIX B GRIEVANCE FORMS 71 0 Exhibit A Resolution No. 9289 CITY OF SAN LUIS OBISPO O • FORMRL GRIEURNCE Exhibit Resolution No. 9289 INSTRUCTI ON S: Grievance must be filed within 15 business days of the occurance. First discuss with your Immediate Supervisor, then with your Supervisor's Superior. If not resolved, complete this form and distribute in accordance with departmental procedures. :..•. Grievant's Name Please Print or Type Class Title Has this grievance been discussed with your Immediate Supervisor? Date of Discussion Name of Immediate Supervisor? Title . Has this grievance been discussed with your Supervisor's Superior? Date of Discussion Name of your Supervisor's Superior? Title What is the action or situation about which you have a grievance? (Be specific give: date,time, location, and witnesses.) What do you think should be done about it? What was your Supervisor's response? What provision of the Rules, Regulations, or Agreement was violated? Article of MOA Department Rule Date of Grievable Incident - What other person do you want notified of any hearings held or actions taken on this grievance? Name: Mailing Address: His /Her role in grievance: Grievance's Signature: Date: Received by: Date: — CITY OF SAN LUIS OBISPO 0 • Exhibit A GRIEURNCE RPPERL Resolution No. 9289 INSTRUCTIONS: Appeal to the City Administrative Officer must be filed within five (5) business days of receipt of the Chief of Police's decision. Appeal to the Hearing Officer must be filed within five (5) business days of receipt of the decision of the City Administrative Officer. Complete form and distribute in accordance with departmental procedures. Grievant's Name (Please Print or Type) Class Title Date of Grievance Initiation I wish to appeal the Grievance Response signed by: Name Title - Date Level to which grievance is being appealed: Check One ❑ City Administrative Officer via Personnel Director ❑ Hearing Officer Reason for Appeal: Grievance's Signature: Date: - Received by: Date: 1J APPENDIX C PATROL 3/12 WORK PLAN 74 0 Exhibit A Resolution No. 9289 APPENDTX Exhibit A Resolution No. 9289 ADDENDUM TO THE 1985 -88 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS, ASSOCIATION PREAMBLE The Association, in an effort to improve scheduling of time off for sworn employees, has requested the implementation of a 3/12 Work hour plan. The City has agreed to use this plan on a trial basis. The test period will last up to eight months. The City has the right to terminate the use.pf the 3/12 work plan and reassign employees to the 5/8 work week at any time during the test period if the City believes the 3/12 is too costly, too cumbersome, or unacceptably reduces the level of service provided to the community. The Association has the right to terminate the use of the 3/12 work plan, if the plan as implemented becomes unacceptable. The addendum shall terminate on the last day of the 28 -day cycle following a 30 -day written notice from the Association to the City. After the test period, the parties will evaluate the results of the plan. Such evaluation period shall last at least three months. Both parties will evaluate the results of the test, but the final determination as to whether or not the plan is used after the evaluation period shall be made by the City. If, on the basis of the analysis of the test, the City determines it may reimplement a 3/12 work plan, prior to making a final determination the City shall first meet and confer with the Association about the specifics of such 3/12 work plan and any revisions to the Memorandum of Agreement needed to implement such a plan. It is further understood and agreed that all employees in the department recognize and accept their responsibility to makt the 31/12 plan work. In this spirit, the employees will cooperate in makinb themselves 1 Exhibit A Resolution No. 9289 available for and respond to all requests or orders concerning shift adjustments, utilization of pay back days, subpoenas, training, or emergency call backs made by management during the test period as is necessary to effectuate this agreement. EFFECT OF THIS ADDENDUM The 1985 -88 Agreement shall remain in full force and effect except as specifically modified below. The modifications below shall terminate on the last date of the effectiveness of this Addendum or any earlier date upon which the City or the Association decides to terminate the test period and all the provisions of the 1985 -88 Agreement shalt once again become fully operative. TERM OF TEST PERIOD The test period shall commence prior to December, '.:::. and shall fully terminate eight months from date of commencement. WORK.HOURS (ALL NEW) The basic work pattern for sworn officers on patrol shall be three 12 hour days each week, plus assigned pay back. Employees will normally be assigned to work 160 hours in a 28 -day work cycle. In addition, employees who attend shall be compensated for briefing time. If an employee does not work the full 160 hours in a 28 -day work cycle, the City shall deduct the unworked hours from an employee's accrued holiday or vacation balances, unless the unworked hours result for reasons of excused paid absence or because the City did not assign a pay back shif t. During the test period, the City shall have complete flexibility to change work hours. The City's intent, however, is to give reasonable prior notice whenever possible. 2 U • Exhibit A Resolution No. 9289 OVERTIME -- SWORN (NO CHANGE EXCEPT FOR:) 8.3 All hours worked through the first 165 hours in the employee's 28 -day work period shall be paid in cash at the employee's straight time base hourly rate. All hours worked above L65 in the employee's 28 -day work period shall be paid in cash at time and one half the employee's regular, rate of pay. GUARANTEED MINIMUMS FOR RETURNING TO WORK (REPLACE_ CURRENT WITH:) Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee shall receive the minimum or pay for the work actually performed, whichever is larger. The City shall have the option of paying the minimum in cash or as an adjustment to the employee's work shift if the work shift commences within twelve (12) hours of the scheduled return to work. 11.1 SCHEDULED RETURN TO WORK Court Time (a) Employees reporting for court duty shall be guaranteed two hours minimum payment at straight time. (b) Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. Training Employees called back for training sessions authorized by the Chief of Police or the Watch Commander shall be guaranteed two -hour minimum payment at straight time. Range Qualification (a) Sworn personnel below the rank of Captain shall be ?u:,r:inteed tw hours at straight time when participating 3 0 cJ Exhibit A Resolution No. 9289 in range qualification training when off duty. (b) Each sworn employee who shoots for qualification shall be provided 100 rounds of practice,ammunition during that month. 11.2 NON- SCHEDULED RETURN TO WORK Call Back Employees called back to work at other than their normally scheduled shift shall be guaranteed two -hour minimum payment at time -and- one -half. STAND BY (NO CHANGE EXCEPT FOR:) 13.2 COHPFNSATION Non - investigator (a) Sworn personnel below the rank of Lieutenant, placed on standby, shall be compensated one hour's pay for each five hours standby. (b) For any calendar day ANY part of which an employee is scheduled to work, the employee shall receive no minimum pay for standby. For any calendar day NO part of which an employee is scheduled to work, the employee shall receive a minimum of three hours of pay at straight time, rate for standby- Investigator No change. HOLIDAYS, VACATION, SICK LEAVE Each of the above shall continue to accrue as provided in the current Agreement, except that, where the accrual or use is stated in days, such accrual or use shall be converted to hours by using eight (8) hours for each day provided. when :ui employee takes time off from any one of tue5e benefits, for each hour Uiken ott „i hour sh:,Ll br subtracted 4 o • - Exhibit A Resolution No. 9289 from the employee's accrued balance. BEREAVEMENT LEAVE No change except the time off shall not exceed 40 working hours per incident. CITY OF SAN LUIS OBISPO Ann Crossey TDa� Personnel Director Don Englert Date Chief of Poli)e 5 SAN LUIS OBISPO POLICE OFFICERS ASSOCIATION Glen Jor4dn Date President Qs-L o OA Terry Campbell to Vice President SLOPOA 0 3 Exhibit A Resolution No. 9289 SIDE LETTER TO ADDENDUM of 1985 -88 Memorandum of Agreement Between the City of San Luis Obispo and the San Luis Obispo Police Officers Association By mutual consent of the City and the Police Officers Association, the attached addendum with sideletter adopted May 19, 1987 by Resolution 6216 (1987 series) is hereby modified to read as follows: A. Page One, Paragraph One : In an effort to improve .scheduling, the Chief of Police desires to implement a 3/12 Work Hour Plan. This plan will be implemented . beginning January 1, 1988 and will remain in effect until such time that it is no longer determined to be beneficial to the City and /or the Police Officers' Association. B. Page One, Paragraphs Two, Three, Pour and rive: All Paragraphs deleted. C. Page Two, Paragraph One: Deleted. D. Page Twn, Paragranh Three: Deleted. The i;ity and the Pol:cr Officers association agree to continue all -it her aspects ci tt'-e Current aodendum"to 'he 19,35 -88 MOA as written through .tune 30. 19P.9. The Citv and Police Off ,il,soclatlor, also agree that all other provisions of the current MOA, not effected by the addendum, will remain the same. W.. Nothing herein should be construed to indicate that the City wiAl, in any way, relinquish current or future management prerogatives to establish necessary work plans appropriate to the needs of the Department. A City of San Luis Obispo Ann Crossey Director of Personnel J es M. Gardiner Chief of Police John D n ity A inistrative Officer 11 Exhibit A Resolution No. 9289 Police Officers Association y N th ' resident, San Luis Obispo POA 0 0 APPENDIX D COMMUNICATIONS WORK PLAN 82 Exhibit A Resolution No. 9289 OAPPIIID D �xhibit A Resolution No. 9289 ADDENDUM TO THE 1995 -96 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION PREAMBLE The Police Officers' Association (Association), in an effort to improve scheduling and leave time considerations for Communications Technicians, desires to implement a 3/12 work plan for Communications. The City and the Association agree that policies and procedures covered by this Addendum shall in no way affect policies and procedures in place for the Patrol Division 3/12 plan. It is further recognized and agreed that both parties accept their responsibility to make this agreement work and for employees covered to respond to all requests and orders covered by this plan. The City or the Association shall have the right to terminate the use of this plan if it becomes unacceptable. Both parties agree to meet and confer, prior to termination. 3/12 WORK SCHEDULE I. SHIFT ASSIGNMENTS - Shift assignments will consist of Day Watch, Night Watch, Day Relief, Night Relief, and Cover shift. A. Vacancies may be covered by reassignment of the Cover shift with 14 days notice. B. The Day Relief will cover absences on Day shift and the _Night Relief will cover absences on the Night shift, as staffing permits. C. Except under emergency circumstances, days off will not be split without the employee's agreement. 1 U 'J Exhibit A Resolution No. 9289 D. Paybacks will be scheduled in conjunction with days off, by seniority, as staffing permits. E. When available staffing permits, a work week will consist of a combination of three 12 -hour work days and a payback. F. The first draft of the work schedule should be posted 21 days prior to the beginning of the work cycle. The final draft should be posted 14 days prior to the beginning of the work cycle. II. SHIFT SIGN UP - By September 15 of each year, the Communications Unit Supervisor will post the annual blank schedule for the following year sign up of vacations, shifts, and days off. A. Employees will sign up by seniority for their choice of shifts, days off, and leave hours for each of the three annual rotations. Modifications to this policy will be considered by the Communications Unit Supervisor to deal with critical needs. B. Each employee will have three days, from the date of receipt of the schedule, to make their selection of shifts, days off and vacation. They may sign up for the total of their annual accrual of vacation time. After all employees have signed up for use of their vacation time, they may again, by seniority, sign up for use of other leave hours. For the second sign up, they may use all of the time they will have available on the date they wish to take the leave. When medical conditions or position openings exist, overtime-will be considered to cover for scheduled vacation time. C. The tentative shift /vacation schedule will be posted in the Communications Center for reference. The 28 -day work schedules will be used for payroll purposes. D. No employee will be allowed to work a particular shift assignment for more than two consecutive rotation periods, except as authorized by the Communications Unit Supervisor. This will also include the Relief shift that works the same general hours. The Cover shift is considered a Night shift. 2 Exhibit A Resolution No. 9289 E. Every employee must work a Day Watch and a Night Watch during each 12 -month sign up period, unless otherwise authorized by the Communications Unit Supervisor. F. Every employee must work a Relief shift before another employee is assigned to work a second Relief shift. A senior employee may request a Relief shift if they desire, thereby postponing a junior employee's mandatory relief shift until the next 12 -month sign up period. III. SHIFT REASSIGNMENT CREATED BY UNDER STAFFING - If an employee is reassigned for a long term vacancy, and the returning employee comes back, both employees will return to their originally selected shift. A. In the event of a permanent vacancy, and when staffing increases, the affected employee who was reassigned has the option of going back to the originally selected shift or remaining on the reassigned . shift. - B. If an employee is reassigned from one shift to another, that employee may take credit for either shift. C. If an employee selects a Relief shift and is then reassigned to a Day or Night shift, that employee receives credit for the Relief shift. IV. SHIFT TRADE - Any request for a change or deviation between employees (i.e., shift trade) must be submitted in memo form signed by both affected employees within one week 'of posting the tentative schedule. Requests will be forwarded through the chain -of- command for a final decision. by the Bureau Commander. If approved, affected employees' will also trade seniority for selection of days off. For scheduling purposes, the shift change will affect only the two employees invblved. Affected employees will receive credit for the shift they work, if it is for the entire rotation. V. EMPLOYEE REQUESTED TIME OFF CANCELLATION - When an employee determines they will not be taking scheduled time off, they will prepare a memo .stating the dates they will not be using and post it in the Communications Center. By seniority, employees junior to the person canceling may request to use those dates. Any necessary adjustments to 3 Exhibit A Resolution No. 9289 the shift will be made between employees with no cost to the City. As quickly as possible, the Communications Unit Supervisor will be advised of any changes in the schedule. VI. TRAINING - It is agreed by all parties that paybacks may be used to accomplish training for the Communications Technicians as needed. VII. SHIFT ADJUSTMENTS Shift adjustments required to fill staffing vacancies or sick leave will not exceed four hours. When a shift adjustment is required, there will be a minimum of eight hours between shifts. Planned adjustments due to vacancies must be listed in the next work cycle schedule when it is posted for review. VIII. TIME OFF - Coverage for time off will first be filled by the Relief shift for that Watch. If no one is available, a volunteer will be sought from the opposite Relief Watch. A. When any employee is required (ordered) to make a shift change, a minimum of 14 days notice will normally be given. In no event will less than seven days notice be given. Required (ordered) shift changes must be in one week-P-Crements. Employees. must consent to shift .changes of less than one week increments. Time off will not be authorized /approved if it would conflict with adherence to these guidelines. CITY OF SAN LUIS OBISPO Bart Topha Date Management Representative IH SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION 4A4,J y 30-96 Gilbert Rendon Date POA Vice President Q !" CITY OF SAN LUIS OBISPO James M. Gardiner. Date Chief of Police Olt� Ar I 31a�96 Ann Slate Date Personnel Director 5 Exhibit A Resolution No. 9289 SAN LUIS OBISPO POLICE OFFICERS. Mary "Kris" Dutra Date Communications Technician I c APPENDIX E FLEXIBLE BENEFITS PLAN Exhibit A Resolution No. 9289 o • AppENFzbiWt A Resolution No. 9289 ADDENDUM TO THE 1988 -1993 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND POLICE OFFICERS ASSOCIATION FLEXIBLE BENEFITS PLAN A. PURPOSE OF THIS ADDENDUM To protect the non - taxable status of city contributions for .insurance under the memorandum of agreement (MOA), the City and the Association here 1) modify the MOA.provisions about refunding unused contributions and 2) outline the intentions and contents of a flexible benefits plan (sometimes referred to as a "cafeteria plan "), which shall include a salary reduction plan component and /or other mutually agreeable provisions. B. DELETION OF EXISTING REFUND PROVISIONS Article 17.3 of the MOA is deleted. C. INTENTIONS AND CONTENTS OF THE FLEXIBLE BENEFITS PLAN The City and the Association shall adopt a flexible benefits plan which shall: 1. take effect retroactively from January 1, 1990. 2. comply with applicable Internal Revenue Code sections, including Section 125 3. allow an employee to: a. avoid taxation on portions of salary (the amount of the employee share of the benefit) and City contributions used for insurance premiums through a salary reduction plan b: purchase additional group term life insurance 4. provide for,an employee to receive any unused City •- contributions in cash each pay period (a - change from previous practice) 5. through amendment of the plan as soon as reasonable, allow an employee to avoid taxation on salary and City contributions used for other permitted purposes, subject to the provisions of paragraphs D.1 and D.2 of this addendum. The Asssociation shall meet and confer with the City to achieve such mutually acceptable amendments. o Exhibit A Resolution No. 9289 Addendum Flexible Benefits Plan Page 2 6. allow the City, as plan administrator, to establish administration procedures and to make amendments to the plan (which amendments may be implemented during the term of this MOA) subject to Sections C5, 6, and 8; and including all required meet and confer procedures 7. reasonably protect an employee's benefits under the plan if the employee cannot manage his or her personal affairs 8. not supercede any contrary provision contained in the MOA (including this addendum) nor limit the rights of any employee under the Meyers - Mi1ias -Brown Act. D. MISCELLANEOUS 1. The provisions of paragraph C6 of this addendum, regarding amendment of the flexible benefits plan, shall not preclude the Association and the City from meeting and conferring. 2. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and the Association. 3. The City shall direct its tax attorney to obtain an opinion letter from the Internal Revenue Service about qualification of the flexible benefits plan document under the Internal Revenue Code. 4. Should any employee association or any of its employees, be allowed to withdraw from participation in the City's health insurance plans, or be determined to have such right of withdrawal, the City and the Association shall meet and confer about the effects of such a withdrawal. This addendum is executed by the following authorized agents: FOR THE CITY OF SAN LUIS OBISPO: CIAA, JxI PC& Ann McPike, Personnel Director 3-01y- Date FOR THE ASSOCIATION: `G 'aary./N /emeth, President Date u APPENDIX F SHIFT ADJUSTMENT 91 0 Exhibit A Resolution No. 9289 O Exhibit A APPENDIX F Resolution No. 9289 Shift Adjustment Management and the POA reaffirm that scheduling is a management responsibility. However, in the matter of shift adjustments policies, it is agreed that the following guidelines will be followed: A. In any situation necessitating a shift adjustment, volunteers will first be sought. B. Shift adjustments will not be for more than two hours. C. Shift adjustments for special units or assignments are not covered by this guideline and remain the discretion of the Unit Supervisor or Bureau Commander. D. Whenever volunteers cannot be located, Officers assigned will be chosen sequentially by seniority. E. Generally, no more than two Officers per shift should be ordered to adjust unless an specific event necessitates it. F. At least 14 days notice will normally be given, but in no event will less than seven days notice be given, for an ordered shift adjustment. G. An Officer authorized to shift adjust will not suffer loss of briefing pay or other normal benefit. H. Officers will be given at least ten hours between shifts for ordered non - emergency .shift adjustments. I. Shift adjustments will not be ordered to deal with court or shift continuation unless it is necessary to insure the Officer has adequate rest. If court or another assignment prevents an Officer from getting proper rest between shifts, the Officer and the Watch Commander may arrange a shift adjustment to meet this need. With approval, the Officer could opt to use adjusted court time towards normal work hours instead of overtime, or to adjust shift start time up to four hours. In cases where the Watch Commander determines an adjustment is warranted but does not have sufficient manpower, he is authorized to bring in a replacement (on O/T) for up to four hours. J. Shift adjustments will not be limited by day or time except as articulated above. K. It is noted that either party may reopen these issues at the time of contract renewal. .a • • APPENDIX G RULES GOVERNING SALARY INCREASES 93 Exhibit A Resolution No. 9289 OO Appit A . RESOLUTION \0. 4272(1990 Series) Resolution No. 9289 Section 3. Rules Coverninc Sten Incr,:zzes. The following rules shall gove step increases for employees other than those specified in Section 4: (1) The first step is the minimum rate and shall normally be the hiring rate fox the class. In cas ^.s where it is difficult to secure qualified personnel, of if a person of unusual qualifications is hired, the Administrative Officer : authorize hiring at any step. (2) The second step is an incentive adjustment to encourage an employee to impri % his work. An employee may be advanced to the second step following the completion of six months satisfactory service upon recommendation by his department head and the approval of the Personnel Director. (3) The third step represents the middle value of the salary range and is the r at which a fully qualified, experienced and ordinarily conscientious employ may expect to be paid after a reasonable period of satisfactory service. A employee may be advanced to the third step after completion of six months service at the second step, provided the advancement is recommended by the department head and approved by the Personnel Director. (4) The fourth step is to be awarded only in case of work which is well above average for the class. An employee may be advanced to the fourth step aft( completion of one year of service at the third step provided the advanceme( is recommended by the departmnet head and approved by the Personnel Direct (5) The fifth step is intended as a reward for performance sustained above satisfactory. An employee may be advanced to the fifth step after complet of two years service (one year for 'Police Officers, beginning level, or fo employees who were at fifth step in one classification and then promoted t a lower step in a higher classification) at the fourth step provided the advancement is recommended and justified in writing by the department heac and approved by the Personnel Director. -12- L. `3 RESOLUTION NO. 9288 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP AND MITIGATED NEGATIVE DECLARATION FOR MINOR SUBDIVISION LOCATED AT 303 FOOTHILL BOULEVARD MS/ER 176 -01 (SLO 00 -095) WHEREAS, the City Council conducted a public hearing on February 5, 2002 and has considered testimony of interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff; and WHEREAS, minor subdivisions with requests for exceptions require City Council review and approval; BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. Aesthetics 1. All trees shall be protected and preserved on the site unless otherwise approved for removal by the City Arborist. Removal of any tree on site shall require a City tree removal permit and mitigation to consist of on -site replanting. 2. The new parcels 2, 3 and 4 as shown on the Tentative Parcel Map shall be considered "Sensitive" and construction on the new parcels shall be subject to architectural review to consider neighborhood compatibility. 2. Biological Resources 1. All oak trees (Quercas agrifolia) shall be preserved and protected on site during any on site construction of public improvements or private residential construction. 2. All new construction including residences, private garages or accessory structures shall remain outside of the drip line of any oak tree on site. 3. No solid paving, parking areas, or significant construction shall occur beneath the drip line of any oak tree on site. 4. Paving for driveways and trenching for utilities within the drip line of any oak tree shall only be allowed under the following circumstances: 1. When approved by the Community Development Department; a minimum of ten feet from the trunk base of the tree; and any paving shall be constructed of pervious materials such as concrete pavers or similar. Resolution No. 9288 (2002 Series) Page 2 3. Hvdroloey and Water Quality 1. Provisions must be made to accept and convey offsite drainage to an adequate point of disposal to the satisfaction of the Public Works Director and Building Official. 2. All newly graded surfaces shall be protected from soil erosion with City approved temporary erosion control methods or approved permanent landscaping. 4. TransoortationlTraffic 1. All future residential driveways intersecting with the primary new accessway that enters Foothill Boulevard shall be designed to allow vehicles to exit individual properties in a forward position with a minimum amount of maneuvering. SECTION 2. Findings. That this Council, after consideration of a request to subdivide one lot into four lots with an exception to the subdivision ordinance, staff recommendations, public testimony, and reports thereof, makes the following findings: Minor Subdivision As conditioned, the design of the tentative map and proposed improvements are consistent with the general plan and its policies that call for compact urban form and a variety of housing types compatible with the surrounding neighborhood. This is because the proposed new lots are infill lots, located within an existing rear yard of a developed residence. Furthermore, the property is surrounded by urban development and is within close proximity to shopping and transportation sources. 2. As conditioned, the site is physically suited for the type and density of development allowed in the R -1 zone, since the proposed lots meet all size and dimension standards as required within the R -1 district and project conditions will require architectural review for new development. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat since the project does not involve significant tree removal, it does not interfere with creeks or wetlands, and the site is surrounded by urban development. 4. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision since all adjacent properties are accessed independently and all new proposed lots will contain access easements as required by the Subdivision Ordinance. Resolution No. 9288 (2002 Series) Page 3 Exceptions to Subdivision Standards for Accessway Setback (flag lot standards) 5. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in the Subdivision Ordinance. Approval of this subdivision in accordance with the setback standards would require demolition of, or moving an existing residence; and 6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. It is City policy to conserve existing housing and prevent displacement of occupants; and 7. As conditioned, the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity since the modification will only result in a 3.4 foot reduction in the required 10 foot setback adjacent to the side of an existing residence. Potential impacts from the resulting 6.6 foot setback will be further reduced by the addition of screening landscape within the setback area as required by project conditions; and 8. Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city since it does not grant special privileges or modify allowable land uses within the existing R -1 district. SECTION 3. Approval. The request for approval of the minor subdivision and use permit (MS /A 57 -00) to allow creation of four lots from one existing lot with an exception to the Subdivision Ordinance, Section 16.36.230 flag lot requirements, for property at 303 Foothill, is hereby approved subject to the following conditions: Conditions: 1. Approval of this Tentative Tract Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 2. The Tract map shall be subject to additional fees for park or recreation purposes (QUMMY Act) as required by City Ordinance. 3. The granting of this entitlement shall apply to the property located at 303 Foothill Boulevard (APN 052 - 141 -053) regardless of owner. 4. A final map drawn in substantial conformance with the approved tentative map, and in o � Resolution No. 9288 (2002 Series) Page 4 compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. All new parcels created by this subdivision shall be considered sensitive sites, therefore requiring architectural review prior to approval of a building permit for new construction. Each residence shall maintain a minimum of 800 square feet of quality private open space. The height of each residence shall not exceed 25 feet, as measured from natural grade to the highest point on the structure. 6. A common address identification sign located at the intersection of the driveway and Foothill Boulevard shall identify each of the residential lots. Individual lots shall be identified with an address sign at the driveway intersection of each private lot and the main access driveway. The design of the address signs shall be approved by the Community Development Department. 7. All subdivision improvements as shown in project concept and expressed within project conditions shall be completed prior to the recordation of the final map, unless a bond in an amount sufficient to ensure improvements has been posted for the project. 8. A landscape architect shall prepare a project landscape plan as part of the subdivision improvement plans. Landscape tree varieties shall be a minimum size of 15- gallon nursery stock. An adequate quantity of screening shrubs shall be planted at the edge of the accessway adjacent to the existing residence on the property and along the eastern edge of the accessway where it adjoins the neighboring property. At least two street trees will be required at the front of the property adjacent to Foothill Boulevard. Additional trees and shrubs may be necessary as required by Community Development Department. 9. The subdivider shall dedicate additional necessary right -of -way to accommodate driveway ramps and sidewalks to the satisfaction of the Director of Public Works. 10. The subdivider shall install new curb, gutter and sidewalk as necessary to the satisfaction of the Public Works Director, new driveway shall be designed to meet ADA standards in regards to sidewalk. 11. All trees shall be retained and protected unless noted on the site plan and permitted for removal by the Community Development Department and approved by the City Arborist. Tree protection fencing shall be installed when performing construction near the canopy of the 30" live oak tree. Subdivision improvement plans and site development plans shall be subject to review and approval by the City Arborist for compliance with this condition. 12. Street trees are required to the satisfaction of the City Arborist. Resolution No. 9288 (2002 Series) Page 5 13. Final parcel boundary for parcel 3 is subject to modification to minimize the narrow sliver at its northeast comet -3 to using 1 or 2 angle points be used, instead to simplify the property boundaries for fencing, etc., to the satisfaction of the Public Works Director. 14. A "common driveway" easement agreement is required, in accordance with City standards for Parcels 2, 3 and 4, to the satisfaction of the Community Development Director and Public Works Director. The common driveway shall be constructed as a parcel map condition. 15. Provisions must be made to accept and convey offsite tributary drainage to an adequate point of disposal, to the satisfaction of the Public Works Director and Building Official. 16. All utilities shall be extended to the respective parcels, as part of the subdivision improvements, to the satisfaction of the Public Works Director and Utilities Director. 17. Each lot shall provide all parking on site, as required by code, plus one additional visitor space. Code Requirements: 1. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone & cable TV), to the satisfaction of the Director of Public Works. 2. Street trees shall be planted prior to recordation of the final map, to the satisfaction of the City Arborist. 3. Traffic impact fees, per City ordinance, shall be paid at the time of building permits for new residences. 4. Utilities to new residences shall be underground. 5. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 0 0 Resolution No. 9288 (2002 Series) Page 6 6. The parcel map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. -all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. On motion of Council Member Ewan, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: Council Member Mulholland ABSENT: None The foregoing resolution was adopted this 5`h day of February 2002. Mayor Allen Settle City Clerk Lee Price APPROVED AS TO FORM: 0 0 Resolution No. 9288 (2002 Series) Page 7 EXHIBIT A MOOM e' awaeerr wxwogn MAM? SD?W s aW ArFROM rr uRF vA�DD MW L � fW ars tm MW G4AW ROW �Mm fAtAFR1 AW ZRAW S V7G0$ 01-VZW (W W9 �� �� agar •er »e 1 1SRAn • asst rra • t o, W_ 2-24W30 _ n Rr L -^ fr ar9 r, ALaX aM I amrAm sra p- i °° } �/ " PARCEL 3 munm R�n�isc' O-W av a +asnvc =� $ - PARCEL 1 ,� a P CEL 2 ev J.X&" 047.-) � a s91 =12 a+ PARCEL 4 l 4m s an..0 su ry—amw ourarts / .,r >,� A 16=,gr r ftswA �r t•rn�r 4 tar�m .f0 1D �. em \ i , r • t , . rraar ��J -.' Aw 0 grr -_ am'° rru sera: aSr,� X ' : °°r °c• .'a." -„}' °° �-' rx ta°mw.•womr / - mir arpsr `} ! acsaWC Ae �� ar OXVAP is AM amumo pap .� -� , aim O _ Y.tiW. P7JV L07' 10 SUA74PAC 534 —OR -429 �« DEM1g aFLuvAWW"M fm um awwr S so rn Me] =@XCr MARX 1dlt DYr acm t�Ot.Q7s* 41E_ LAND 10 5o� O O RESOLUTION NO. 9287 (2002 Series) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21363.1 (3% @ 55 Full formula) for local Fire members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as an "Exhibit A" and by this reference made a part hereof. Upon motion of Vice Mayor Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 22 °d day of January 2002. ' n Mayor Allen Settle ATTEST: 1\ Lee Price, City Clerk R 9287 0 0 Resolution No. 9287 (2002 Series) Page 2 APPROVED AS TO FORM: �: �s�� . • : C�,Attomey All � �, �, � CaIPERS Oi,,�solution No. 9287 California Public Employees' Retirement System EXHIBIT A AMENDMENT TO CONTRACT Between the Board of Administration California Public ]Employees' Retirement System and the City Council City of San Luis Obispo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987, November 16, 1989, August 8, 1993, November 5, 1999, January 7, 2000, July 6, 2000 and September 21, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective September 21, 2001, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 50 for local police members, and age 55 for local fire members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof. apply only on the election of a contracting agency. PLEASE DO NOT J1 "EXHIBIT ONLY" Resolution No. 9287 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members) 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire members only. b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. C. Sections 21624, 21626 and 21628 (Post- Retirement Survivor Allowance) for local safety members only. d. Section 20965 (Credit for Unused Sick Leave). PLEASE DO NOT S EXhibif A J "EXHIBIT ONLY" Resolution No. 9287 e. Section 20042 (One -Year Final Compensation) for local miscellaneous members; for those local fire members entering membership on or prior to July 1, 1986; and for those local police members entering membership on or prior to July 23, 1987. f. Section 20475 (Different Level of Benefits Provided for New Employees). Section 20042 (One -Year Final Compensation) is not applicable to local fire members entering membership after July 1, 1986 and to local police members entering membership after July 23, 1987. g. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only. h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer' for purposes of Section 20834 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local fire members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members and local miscellaneous members. qesolution N0. 9287 C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the�1� day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT EM BY KENNETH W. MARZION, C ACTUARIAL & EMPLOYE RVICES DIVISION PUBLIC EMPLOYEES' EMENT SYSTEM `J AMENDMENT PERS - CON -702A (Rev. 8 \96) CITY COUNCIL CITY OF SAN LUIS OBISPO BY PRESIDING OFF(I� Witn,eb't'Date Attest: Clerk 0 • • RESOLUTION NO. 9286 (2002 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE RIPARIAN AND RIVERINE HABITAT GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION ACT OF 2000 FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the People of the State of California have enacted the Riparian and Riverine Habitat Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Act of 2000 (Proposition 12), which provides grants to local agencies to increase public recreational access, awareness, understanding, enjoyment, protection, and restoration of California's irreplaceable rivers and streams; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures goveming application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Riparian and Riverine Habitat Grant Program for State grant assistance for the Ahearn property acquisition project for purposes of riparian habitat protection, enhancement and public recreation; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Resolution No. 9286 (2001 Series) Page 2 On motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 22nd day of January 2002. Lee Price, City Clerk APPROVED AS TO FORM: -,� Attorney — 0 lbw O • o RESOLUTION NO. 9285 (2002 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING A FEE IN -LIEU OF PROVIDING PARKING FOR THE C -C ZONE; AND RESCINDING RESOLUTION NO. 6332 (1987 SERIES) WHEREAS, Section 17.42.020 of the San Luis Obispo Municipal Code provided for the option of paying a fee to the City in -lieu of providing parking in the CC zone; and WHEREAS, Section 4.30.020 provides for the City Council to establish by resolution the amount of the parking in -lieu fee for construction, additions and changes of occupancy in the CC zone; and WHEREAS, the City Council has considered the staff analysis regarding an increase of this fee and the recommendations of the Downtown Association; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The parking in -lieu fees for the CC zone shall be as follows: A. New Construction. The parking in -lieu fee shall be $11,000 per vehicle space required by the zoning regulations for the addition and not otherwise provided. B. Additions to existing buildings. The in -lieu fee shall be $11,000 per vehicle space required by the zoning regulations for the addition and not otherwise provided. C. Change in occupancy requiring additional parking spaces. The in -lieu fee shall be $2,750 per vehicle space required by the zoning regulations and not otherwise provided. The number of spaces required by the change in occupancy shall be the difference between the number required by the new use and the number required by the previous occupancy. D. This fee will adjust annually, effective January 151 of each year, per the Consumer Price Indexes (Los Angeles- Riverside -Orange County). Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz and Vice Mayor Marx NOES: Mayor Settle ABSENT: None The foregoing resolution was passed and adopted this 22 °d day of January 2002. R 9285 Resolution No. 9285 (20 02 Series) Page 2 City Clerk Mayor Allen Settle • b. 0 O n RESOLUTION NO. 9284 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION AND DENYING THE. APPROVAL OF A NEW DETACHED GARAGE WITH TEMPORARY DWELLING ON A SENSITIVE SITE WITH SETBACK EXCEPTIONS, 2713 MEADOW STREET, ARC 120 -01. WHEREAS, on December 3, 2001, the Architectural Review Commission conducted a public hearing and approved project ARC 120 -01 based on findings and subject to conditions; and WHEREAS, Devin and Charmaine Gallagher filed an appeal of the Architectural Review Commission's action on December 1.1, 2001; and WHEREAS, the City Council conducted a public hearing on January 22, 2002, and has considered testimony of the appellant, interested parties, and the evaluation and recommendation of staff; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the Architectural Review Commission actions, the appellants' statement, staff recommendations and reports thereof, makes the following findings: 1. The proposed project may adversely affect the sensitive site or damage natural resources. 2. The proposed scale of the building will not be compatible with the existing residential character. 3. The proposed project does not comply with property development standards for the R -1 zone and would require exceptions that are not justified at this time. SECTION 2. Anneal Upheld. The appeal of the Architectural Review Commission's action is hereby upheld and the project design denied. On motion of Council Member Schwartz, seconded by Council Member Mulholland on the following roll call vote: AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None Resolution No. 9284(2002 Series) Page 2 The foregoing resolution was adopted this 22 °d day of January 2002. Mayor Allen Settle Lee Price, City Clerk .APPROVED AS TO FORM: it 'Att ne ef7 ey G. Jorgensen Deb ?UJ� • O RESOLUTION NO. 9283 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE GREATER ALTA VISTA AREA OF THE CITY AS A RESIDENTIAL PARKING PERMIT DISTRICT AND ESTABLISHING DAYS AND HOURS OF OPERATIONS OF SAID DISTRICT AND TIME OF RENEWAL FOR A PARKING PERMIT AND RESCINDING RESOLUTION NO. 8359 WHEREAS, the Council of the City of San Luis Obispo established the Greater Alta Vista Residential Parking Permit District; and WHEREAS, the Council of the City of San Luis Obispo determined that the quality of life for the residents of this district had been adversely affected by nonresidents using the neighborhood streets for excessive parking; and WHEREAS, the Council of the City of San Luis Obispo has determined that the restriction of nonresident parked vehicles on the neighborhood streets will improve pedestrian and vehicular safety and allow residents to gain proper access to their residences; and WHEREAS, the majority of the residents living on the 100 and 200 blocks of Kentucky within the Greater Alta Vista Residential Parking Permit District have petitioned for a change in the hours of operation; and WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to consider the changes to the parking district and permit distribution and has determined the changes will improve the quality of life for the district residents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 8359 (1994 Series) is hereby rescinded. SECTION 2. Pursuant to Section 10.36.170 et. Seq. of the San Luis Obispo Municipal Code the residential parking permit district hours are hereby established as shown on Exhibit A. SECTION 3. No vehicle other than vehicles providing services to the Greater Alta Vista District or having a permit clearly displayed on the dashboard on the driver's side of the vehicle shall park on any street within the shaded area from 2:00 a.m. to 10:00 p.m., Monday through Friday and the remaining district boundaries (shown in hashed area) shall restrict parking from 2:00 a.m. to 5:00 p.m., Monday through Friday. SECTION 4. The Public Works Department shall be directed to post the district with signs that clearly indicate these restrictions. R 9283 • • Resolution No. 9283 (2002 Series) Page 2 SECTION 5. The Parking Division shall issue residential parking permits on demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective September 15d' of each year. Upon motion of Council Member Ewan, seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, and Mayor Settle NOES: None ABSENT: Vice Mayor Marx The foregoing resolution was adopted this 22nd day of January 2002. Mayor Allen K. Settle / A T: Lee Price, City Clerk APPROVED AS TO FORM: •W/gal; GGAF-'As�.' 33 F U F ti A a F z w A w a F. y ti F a e w ti �z �.o Y Y a w Ln y� t -I N ~ II V ,z 0 �q • Lv 0 • RESOLUTION NO. 9282 (2002 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM) ACTION PLAN FOR THE AUGUSTA STREET NEIGHBORHOOD WHEREAS, in June 1998, the City Council adopted Resolution 8811 which establishes guidelines that direct how Neighborhood Traffic Management Plans should be prepared; and WHEREAS, consistent with these adopted guidelines, residents of the Augusta Street neighborhood have worked with City Transportation Staff to prepare a draft NTM Plan for Augusta Street which calls for the installation of three speed tables between Bishop and Sydney Streets; and WHEREAS, ballots distributed to all households within the study area requesting support of the draft NTM plan resulted in 57% support of the plan, and this level of support exceeds the minimum level required (51 ft and WHEREAS; the City Council finds that the preparation of the Action Plan is consistent with the standards and protocol contained within the NTM guidelines adopted by Resolution 8811 and that the installation of speed tables is a reasonable method for pursuing City NTM goals along this particular corridor. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Adopts the Augusta Street Neighborhood Traffic Management Plan, attached as Exhibit A, and directs the Public Works Department to install improvements called for by the plan. On motion of Vice Mayor Marx, seconded by Council Member Schwartz and on the following roll call vote: AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 22nd day of January 200 Allen K. Settle, Mayor Lee Price, City Clerk �, 12,3 1 Resolution No. 9282 (2002 Series) Page 2 APPROVED AS TO FORM: Background 0 Augtusta Street Neighborhood Traffic Management In the Fall of 1999, a number of residents in the Augusta Street neighborhood contacted the San Luis Obispo Public Works Department and complained about traffic speeds on Augusta Street between Bishop and Sydney Streets. The Public Works Department staff surveyed traffic speeds along this segment of Augusta Street in August and September 2000 and found that 15% of the motorists were driving at speeds of 32 miles per hour or faster with 85% driving at 31 miles per hour or slower (see Attachment 1, Traffic Survey completed in September). These speeds exceed the City's 25 miles per hour standard for residential collector streets. Concerned residents circulated a petition that asked Augusta Street neighborhood households (see Attachment 2, Study Area Map) if they supported the preparation of an "Action Plan" to address traffic problems. Over 40% of the households indicated that they supported such a planning effort (a minimum of 25% support is required to initiate this planning process). An Action Team was formed with four residents and City staff to develop an equitable and affordable solution to resolve the speeding problem. The Action Team established goals, considered a variety of options to slow traffic speeds, and selected one preferred solution. This preferred solution (the placement of three speed tables and associated pavement markings and signage) was reviewed by the neighborhood at a community meeting on October 3, 2001. Although some opposition to the speed tables was received at the meeting from property owners who do not reside in the study area, the Action Team chose to proceed with putting the Action Plan to a vote of the neighborhood. A minimum of 51% support of the study area households (one vote per household) is required to approve the plan. If approved by the neighborhood, the Action Plan will then be submitted to the City Council for review and adoption. Action Team Objectives The Action Team (made up of Augusta Street neighborhood residents and City staff) developed agreed -upon goals that form the basis for this neighborhood traffic management plan. Those include: 1. Reduce excessive speeds on Augusta Street between Bishop and Sydney Streets. Although the corridor average is 31 miles per hour. the 85`h percentile speed southbound in the 2300 -2400 block of Augusta Street range from 30 —36 miles per hour. 2. Develop an Action Plan that can be implemented within the budget established by the City's Neighborhood Ti affic Management Guidelines so there will be no cost to the Augusta residents. 3. Achieve a solution that does not shift significant amounts of traffic onto other local streets. The neighborhood has identified Sydney Street as a possible street that could be impacted by the ttesoiuuon No. gz6z Exhibit A • ® placement of speed tables on Augusta Street. To ensure traffic will not be diverted to Sydney Street, City staff is working with Sydney Street residents to "traffic calm" their street. Action Plan Solutions The Action Team proposes the placement of three speed tables with associated pavement markings and signage on Augusta Street between Bishop and Sydney Streets. Three tables were chosen because research (see Attachment 3, Spacing of Measures) indicates that placing these devices approximately every 300 feet is more effective. The speed tables are located between Rich and San Mateo Streets, between San Mateo and San Carlos Streets, and San Carlos and Santa Clara Streets (see Attachment 4, Proposed Speed Table Locations and Visual Survey photographs). Their locations do not interfere with existing driveways or City infrastructure access points. The speed tables are approximately 24 feet long and 3 inches high (see Attachment 5, Speed Table Examples). This design is similar to the middle speed table /crosswalk located on Augusta Street by the elementary school and Ramona Street behind the neighborhood shopping center. The design and location on Augusta have been reviewed and. approved by the City's Fire Department. The Action Team considered other possible solutions such as stop signs, chicanes, roundabouts and pavement markings. The Action Team eliminated stop signs because they felt that the stop signs would not be used for the intended purpose as traffic control devices, and therefore some motorists might not fitlly stop at the controlled intersection. Additionally, statistics show that traffic accidents can increase at locations where stop signs are placed when warrants for those stop signs are not met. Chicanes were eliminated due to the wideness of the street (60 foot right of way) with few cars parked on the street. Roundabouts were not considered due to the cost to construct and maintain them. Pavement markings were not chosen because their effectiveness has not been proven. The Action Team discussed the drawbacks (noise and inconvenience) of speed tables and concluded that the speed table option is the only affordable solution that is proven to be effective (see Attachment 6, Speed Control Devices). Implementation/Monitoring. Schedule The three speed tables are proposed to be installed at one time, rather than in phases. After the speed tables have been in place for six months, a traffic survey will be conducted to determine the effectiveness of the speed tables. If the survey concludes that traffic speeds have not decreased, the neighborhood may wish to pursue other traffic calming measures to reduce speeds. Cost Estimates/Financing The Neighborhood Traffic Management Guidelines establishes an allowance of $140 per household for traffic management devices. If a project is estimated to cost more than the funding allowance, the cost overrun is equally divided between the City and the study area households. The Attsusta Street studv area consists of 40 households, making $5,600.00 of City funding available for the design and installation of the three speed tables. Although the average speed tables costs about $2,400.00 to design and construct. staff believes that all three can be constructed within the allowed $5,600.00 budget, therefore financial participation by the neighborhood is not required. f;OIJ1VCIL AGENDA `1EPOR1'- EXHIMT A F>_ttachment 1 Resolution No. 9282 Neighborhood Traffic Management A Survey of Augusta Street, between Bishop and Sydney BACKGROUND Residents living in the vicinity of Augusta Street, between Bishop and Sydney, contacted the City's Public Works Department regarding vehicle speeds along Augusta Street. The residents felt that vehicular speeds were excessive and inappropriate for a residential neighborhood. At least one person also questioned the desirability of using Augusta Street as a bus route and would like to see buses rerouted to Johnson Avenue. Augusta Street serves a residential neighborhood and extends from Laurel Street to Bishop Street and continues a few hundred feet north of Bishop Street. The southern portion of Augusta is characterized by dense, multi - family housing and senior care housing. The northern segment, the portion subject to this study, serves exclusively single - family residential homes. There are several streets that intersect with Augusta at right angles along this segment and there is private driveway access as well. Sinsheimer Elementary School bisects these two distinct segments of Augusta Street and is a major generator of traffic at the beginning and ends of school days. EVALUATION STANDARDS AND PARAMETERS Augusta Street is a north -south undivided street with two -way travel and provisions for on- street parking. The segment subject to this study is approximately 373m (0.23 miles) compared to approximately a 1070m (0.67 miles) total street length, or about 1/3 of the total street length. The City's general Plan Circulation Element classifies Augusta Street as a Residential Collector. This classification has a desired performance standard of 3,000 vehicles per day (VPD) and a desired maximum speed of 25 mile, ner hn„r t, nk STUDY ELEMENTS As noted above, the segment of Augusta subject to this study is between Bishop and Sydney, 2200 block through the 2400 block. Traffic monitoring equipment was placed in the 2200 block, 2300 block, the 2450s and the 2470s. The map at the end of this report has the approximate locations where the monitoring equipment was placed DATA COLLECTION Traffic counters were installed on September 26, 2000 for a 24 -hour period. These counters began collecting data at 12 noon on Tuesday the 261h and terminated collection at noon on Wednesday the 27`h. This mid -week date was selected because this period typically reflects "normal" traffic patterns and behavior. Cia'franspnrtationANl'�I Projcct .,AAuLLISM Filldings10000 • Resolution No. 9282 • Exhibit A The average traffic volume aloe_ Augusta Street is significantly below the Circulation Element standard of 3,000 vehicles per day and is"eligible for NTM efforts to reduce traffic volume. GI Trvuportat ion \.V I'M Pro Iccb \AugUNUI F nclmga 10000 r] • Resolution N0. 9282 Exhibit A Table 1: Traffic Volume (Vehicles Per Day) Block Northbound Southboznacl TOTAL 2200 1113 877 1990 2300 1134 858 1992 2450s 1023 775 1798 2470s 963 733 1696 Corridor Average 1058 811 1869 The traffic volumes recorded are within the City's standards of 3000 Vehicles Per Day (VPD) established by the Circulation Element. The traffic volume is 62 percent of the City's standard fora Residential Collector. TRAFFIC SPEED The City's General Plan Circulation Element establishes a 25 mph maximum desired speed for Residential Collector streets. Vehicle speeds recorded during the study period exceeded this standard. The 85th percentile speeds recorded speeds in the 2200 block were close to the Element's standards with an average speed of 27 mph, within the margin of error of the sampling technique used. At all other sampling locations, traffic speeds exceeded City standards established by the Circulation Element for residential streets. Table 2 below summarizes the vehicular speeds recorded during the study period. Table 2: Traffic Speed (85 "' Percentile Speeds) Block Northbound Southbound AVERAGE 2200 28 mph 26 mph 27 mph 2300 30 mph 36 mph 33 mph 2450s 32 mph 35 mph 34 mph 2470s 30 mph 30 mph 30 mph Corridor Average 30 mph 32 mph 31 mph CONCLUSIONS Traffic speeds along this segment of Augusta moderately exceed the Circulation Element standard of 25 mph by about 6 mph. These traffic speeds are the result, in part, of the street width and the general topography of the street segment. Augusta is approximately 35 feet wide with on street parking permitted, but little on street parking is taking place, effectively providing motorists an unimpeded roadway to travel. This seemingly wide roadway promotes a higher level of comfort for the motorist resulting in speeds moderately exceeding the limit of 25 mph. A negative slope from Bishop to Sydney dominates the topography of the street. The combination of the slope and comfortable driving environment combine to accommodate vehicular speeds exceeding the . speed limit of 25 mph by 6 mph, on average. Based on these findings, Augusta Street is eligible for efforts to reduce speeds as part of the City's Neighborhood Traffic Management Program. G: \Transportation \NTM Projects\.Augusta PindinesM000 CO U NC I L AG E N DA P— PORT- EXHIBIT A Attachment 2 Resolution No. 9282 Augusta Street NTM Boundaries of the Study Area A Irk - ILI P-IVOOAIO ® COUNCIL ACFW)A MIT- EXHIBIT A Attachment 3 Resolution No. 9282 Spacing of Measures Early traffic calming initiatives in the United States tended to space slow points far apart. Humps were often spaced at intervals of well over 500 feet. An early study of speed humps in Phoenix found almost no midblock speed re- duction when humps were spaced so far apart. There were also a few early cases ofspacing slow points close together, to the dismay of even residents who usu- ally support speed control measures on their streets.Traf- fic managers must remember that residents are also mo- torists and are inconvenienced by traffic calming measures many times over for every time the targeted cut - through driver is inconvenienced. Bellevue provides good examples of both spacing prob- lems. Every other hump originally spaced 150 feet apart on Somerset Drive had to be removed to produce a more satisfactory 300 -foot spacing. Conversely, humps spaced 1,000 feet apart on SE 63rd Street had to be supplemented to bring the spacing down to 500 feet. Figure 3.45, based on data from outside the United States, shows midpoint speeds plotted as a function of the spacing of slow points. For a midpoint speed of 20 mph, slow points were typically spaced no more than 200 to 250 feet apart. For 25 mph, the typical spacing increased to about 400 feet, and for 30 mph, typical spacing was 600 feet or greater. The types of roadways (local versus collector) and the types of traffic calming measures were not specified. Spacing guidelines of featured communities are pre- sented in table 3.10. They can be compared with points in figure 3.45 to see what speeds will likely result. The likely speeds are generally consistent with posted speed limits in these same communities. Gwinnett County goes beyond basic spacing guide- lines to consider sequencing.The county wants to avoid having the first hump in a series approached at high speeds. Therefore, the county positions the first hump at a point 100 to 200 feet downstream ofa tight curve or a STOP sign. From Spot to Areawide Treatments Traffic calming efforts in most communities begin with spot treatments of problem streets. When problems reap- pear at nearby locations, traffic managers often switch from volume to speed controls, or from speed controls with more diversion potential (standard humps) to those with less diversion potential (traffic circles, for example).When even the speed control measures produce diversion, pro- gram managers begin to rethink their whole approach. The national experience suggests that traffic calming should be planned on an areawide basis, but not over such a wide area that it becomes difficult to achieve consensus on a plan. Having prepared plans for individual streets and for large subareas of the city. Portland has settled on the individual neighborhood as the optimal scale for plan- ning purposes. The case for areawide traffic calming is clear from sev- eral examples. In Gainesville, all -way STOP signs were installed on one neighborhood street.They created a prob- lem by diverting cut - through traffic to another street as drivers sought to avoid the STOP signs. Many drivers also ran the STOP signs, a common problem when unwar- ranted STOP signs are used simply to slow traffic. The cut- through problem was solved only by closing another street to create a circuitous route through the neighbor- hood. Austin, Bellevue, Sarasota (see figure 3.46), Seattle, West Palm Beach, and other featured communities have experience with both spot and areawide traffic cahning. Lessons from these places are reviewed in "Warrants, Project Selection Procedures, and Public Involvement" (chapter 8). O DM 5H L � AUSmGLIMI E40 ❑ stuaux L 30 A erg-- -� o v 20 ❑ A v a Z5 to 0 v e ti r 0 0 200 400 600 800 1000 Spacing of Slow Points (feet) Figure 3.45. Midpoint Speed versus Distance Between Slow Points. Source: R. Ewing, Best Developmew Practices, American Planning Association (in cooperation with the Urban Land Institute), Chicago, IL, 1996, p.64. Table 3.10. Spacing Guidelines for Speed Humps in Featured Communities. Community Spacing (feet) Bellevue, WA 200 -300 Berkeley,CA 150 -400 Boulder, CO 150 -800 Gwinnett County, GA 350 -500 Howard County, MD 400 -600 Montgomery County, MD 400 -600 Phoenix, AZ 500 or less Portland, OR 300 -600 Sources: Memos and reports of respective traffic calming programs; interviews with staffs. Chapter 3: Traffic Calming Measures • 63 7� 1� O V O �1 M� 11 �1 r L V 1 r� V 1 O 1� • _,, 3ITA r Resolution N0. 9282 J r l V' J U J V YJ rJ L1 n 0 r 441 ' — 9''! `' "tiW ,'• ° V�r •- O! to P'' �?; .•` ,. �� si*, sq xa r5 d' . A•L a''r �0 7'' �i _ : y =•�.". t a e 4 i JSSPv e + P caA ITtr4� OI i4 s ^� L w I—I w w o V O Resolution N0. 9282 W M� M W � W � z � O � N � U O resolution No. 9Z6Z • Wl rTl Q W � U � O � U O Resolution N0. 9282 • rri W a W w COUNCIL AGENDA REP-)RT- EXHIBIT A n Attachment 5 Resolution No. 9282 r- W a Z N S`1 G AI I Q a y C >L o tI N ti ui 6 {� y r- W a Z N S`1 G AI I Q a y C >L o tI N ti C50 Oi V d Q i COUNCIL AGENDA R - °ORT- EXHIBIT A 4ttaclament 6 ion N 9282 -y - -� - - - -- - O V y V O� Q 1 o� d Z m rS V Oi a n C k i t C C L C' C3 l•` Reso �2 U n r F o'�� . L m U U U L .c u ! U U U D .c ! L U O T R U C L C .0 C p m O U U N �` O > U° > v \ E E m L ° c o 0 :a Ic v v c.n L= N O N C O C O E D N E o O 1 O C C C a 3 N a5 u v C.0 c C u v u z "�i., u C E v ° N E 7i E E E o m D L '' p '• d Y tC L D t6 N C 0 O .♦L t D y v L: s C .. d S `d `\ C C �C 00 m i� " i = ° o ° v E T— C..2 ._ E ° E t L y C o 0 _A > N a ❑ o C v E a E a v v a z z z z }.. r z z v 1 Vv e .Z' } r c } z b; Z z. 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'= a m m 04 ' Y c E c o o au' o d a o ti h >, y ua .w u a a m o `'.� C` E 5 u 5 m Q� C9 0 �_° u i^ 6l c L' ] m v V C N N pp c m v CA E V ` C A N y F-• N d u m T w O U O •C.. m C O >_ -• d C as A 2❑ i [�+ = f--V7 C O c C L ODU❑ n L ".�°GU u ti'} .�G ❑ h ww 0 LL 04 0 w CL Uj �- y Z �� CO i; CL ,a � CL c 0 . 16 m Ol 0 C 0 m 0 ATTACHMENT 2 Res ?lu 9282 Exhibit *7 * >1 L-E T-1 FTT-T--i �L • o RESOLUTION NO. 9281 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING PROPOSITION 42, THE TRANSPORTATION CONGESTION IMPROVEMENT ACT WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes we already pay be used to improve mass transit, highways and local roads; and WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump should be used for transportation purposes; and WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the country, San Francisco /Oakland second, San Diego sixth and Sacramento, San Jose and San Bernardino/Riverside following close behind; and WHEREAS, with our neglected transportation system needing attention, California has the third worst deteriorated roads in the nation and more than 6000 of our bridges and overpasses are structurally deficient or no longer meet highway safety or design standards; and WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make it possible to plan for our future transportation needs; and WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repair dangerous road conditions and improve the safety of children walking or biking to school; and WHEREAS, Proposition 42 will help speed up highway safety and traffic relief projects, and expand and improve mass transit systems; and WHEREAS, Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure they are delivered on time and on budget; and WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our economy will be stimulated and every dollar invested in our highways will result in almost six times that in economic benefits. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City hereby endorses Proposition 42, The Transportation Congestion Improvement Act, which will appear on the march 5, 2002 statewide ballot. Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: R 9281 ® • Resolution No. 9281 (2002 Series) Page Two AYES: Council Members Ewan, Marx, Schwartz and Mayor Settle NOES: Council Member Mulholland ABSENT: None The foregoing resolution was adopted this 22nd day of January 2002. Mayor Allen Settle ATTE Lee Price, City'Clerk it mey n. Support Form I / We support Proposition 42 on the March 5, 2002 statewide ballot. Proposition 42 will make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes we already pay be used to improve highways, local roads and mass transit. You may add my /our name to your coalition list and may use it publicly. City of San Luis Obispo, California ry 22, 2002 Allen K. Settle Mayor Authorized Signature Printed Name Title 990 Palm Street Mailing Address San Luis Obispo, CA 93401 -3249 City, State, Zip (805) 781 -7119 (805) 781 -7109 Phone FAX E -Mail Address www.slocity.org Organization Website Please give us a quote on why you or your organization supports Prop 42: (optional) Please FAX your completed form to Ted Green at (310) 996 -2673. THANK YOU! 11/14 TAXPAYERS FOR TRAFFIC RELIEF/YES ON 42 • A COALITION OF TAXPAYERS, CONSTRUCTION, BUSINESS, LABOR, ENGINEERS AND COMMUTERS 11300 West Olympic Blvd. #840 • Los Angeles, CA 90064.310/996 -2671 • Fax 310/996 -2673 111 Anza Blvd. #406 • Burlingame, CA 94010 •650/340 -0470 • Fax 650/340 -1740 website: www.yesprop42.com • e -mail: info@yesprop42.com L` 0 SAMPLE RESOLUTION IN SUPPORT OF PROPOSITION 42 WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes we already pay be used to improve mass transit, highways and local roads; and WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump should be used for transportation purposes; and WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the country, San Francisco /Oakland second, San Diego sixth and Sacramento, San Jose and San Bernardino /Riverside following close behind; and WHEREAS, with our neglected transportation system needing attention, California has the third worst deteriorated roads in the nation and more than 6000 of our bridges and overpasses are structurally deficient or no longer meet highway safety or design standards; and WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make it possible to plan for our future transportation needs; and WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repair dangerous road conditions and improve the safety of children walking or biking to school; and WHEREAS, Proposition 42 will help speed up highway safety and traffic relief projects, and expand and improve mass transit systems; and WHEREAS, all Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure they are delivered on time and on budget; and WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our economy will be stimulated and every dollar invested in our highways will result in almost six times that in economic benefits. THEREFORE BE IT RESOLVED, Organization Name Authorized Signature Mailing Address E -Mail Address 12/4 SUPPORTS Proposition 42. Date Printer' Name Title City, State, Zip Organization Website Please fax to (310) 996 -2673. Questions about Prop 42: Call (310) 996 -2671. • • RESOLUTION NO. 9280 (2002 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE STATE WATER RESOURCE CONTROL BOARD AND CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD FOR FUNDS OFFERED UNDER THE COSTA - MACHADO WATER ACT OF 2000 IN SUPPORT OF THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the State Water Resources Control Board and Central Coast Regional Water Quality Control Board have developed specific criteria to evaluate potential projects for the Costa - Machado Water Act of 2000; and WHEREAS, said agencies have solicited proposals from government agencies and nonprofit organizations for consideration in disbursing monies derived from the Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the submittal of a grant proposal to the State Water Resources Control Board and Central Coast Regional Water Quality Control Board for grant support for the project known as Ahearn Property Acquisition, and 2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, submittals, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned proposal. On motion of Council Member Mulholland, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 22nd day of January 2002. APPROVED AS TO FORM: rKrMAIMM/11%, rog JS,,Y�LL4A--' • • Q RESOLUTION NO. 9279 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO FOR IMPROVEMENTS AND USE OF THE EL CHORRO REGIONAL PARK — SOFTBALL FIELDS WHEREAS, as a Major City Goal for the 2001 -03 Financial Plan calls for the development of lighted softball fields, and WHEREAS, if the City were to attempt to build and light two new fields, the costs would be prohibitive, and WHEREAS, two unlighted fields in El Chorro Park are relatively unused, and WHEREAS, it would be in the mutual best interest of the City and the County to light and operate recreation programs on these fields, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo approves the attached Agreement set forth as Exhibit A. Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted.this 22nd day of January 2002. l Mayor Allen Settle ATTEST- ( Lee Price, City Clerk APPROVED AS TO FORM: R 9279 O O Exhibit A Resolution No. 9279 Page 1 of 4 Joint Use Agreement Between the City of San Luis Obispo and the County of San Luis Obispo For Improvements and Use of the El Chorro Regional Park — Softball Fields This Agreement is made this - day of 'kbrUaN 2002, between the City of San Luis Obispo [ "City "], a municipal corporation, and the County of San Luis Obispo [ "County "]. Section I — Authority 1.1 The City and County are authorized under Section 38000 et. seq. and Section 25208.5 of the California Government Code and their general police power to promote and preserve the general welfare of the people of the state by providing recreational programs. 1.2 The City and County are authorized under the authority of the California Government Code Section 6500 et seq., jointly to provide services for which each might individually be responsible. Under such authority, the parties to this Agreement may designate any one of the parties as the agency to administer the program and exercise such powers as may be therein specified. Section II — Purpose 2.1 The County owns, maintains, and operates El Chorro Regional Park for recreational uses. Contained within the park are two softball fields that currently receive only sporadic use. 2.2 The City has an established need for more recreational softball fields, especially those lighted for nighttime play. 2.3 Both agencies believe that a joint effort to upgrade and operate these fields would be in the best interest of the agencies and the public they serve. 2.4 The County will receive the benefit of improved facilities, additional park users, and increased park revenue. 2.5 The City will receive the benefit of additional softball fields, which will provide more recreational opportunities for citizens. Section III - Manner of Execution of the Agreement 3.1 The City will contribute an amount not to exceed $500,000 for improvements to the El Chorro Regional Park — Softball Fields. 3.2 The improvements shall include lighting for both fields; and may include: enlarging the backstops, upgrading of field irrigation systems including additional controllers and associated wiring which will be linked to the Dairy Creek Golf course central irrigation control system, A3s' Oz 0 0 Exhibit A Resolution No. 9279 Page 2 of 4 renovation of infields, paving of adjacent parking lots, repair and enlarging of the outfield ball nets, repair and realignment of outfield fences, planting of trees, construction of a small maintenance equipment storage building, installation of safety netting between the fields and the botanical garden, and any other minor improvements necessary to providing a quality recreation experience at the site. 3.3 The City will be responsible for the completion of the improvements, with the consultation of County staff, and following normal County construction procedures. Section IV — Manner of Operation 4.1 The City Parks and Recreation Director and the County Parks Division Manager shall be the administrators of this agreement. 4.2 The County will continue to provide the same level of maintenance to these fields as was provided prior to the execution of this agreement. 4.3 The City will provide the increased maintenance incurred as a result of the execution of this agreement; and that maintenance necessary to facilitate the recreation programs that the City will offer at the fields. In general, the fields shall be maintained at the same appearance and functional levels as other city lighted softball fields. The City will return the fields to the County each day in the condition that existed prior to the City use. It will not be the City's responsibility to provide maintenance 'for any other activity that might be scheduled on these fields by the County. 4.4 The City will pay the electrical bill for the operation of the field lights, for all City program uses. 4.5 The City will provide a level of supervision at the fields during organized activities equal to that provide at other lighted softball fields in the City during similar activities. 4.6 The softball fields will be made available to the City on a first priority basis, to be used for organized recreational activities. By September 1, of each year, the City will furnish the County with a schedule of field use for the following year. Any long standing, historic, and significant events facilitated by the County on these fields prior to the execution of this Agreement shall remain in place. The City can add dates to the schedule after the adoption of a master schedule by using the standard County reservation process. 4.7 No fees in excess of the utility charges noted in this Agreement will be charged to the City or to City softball league participants the use of the fields. The County will continue to charge an automobile entry fee to the park on weekends. This will include all participants in weekend softball tournaments, not part of regular City leagues. 4.8 The City agrees to defend, indemnify, and hold harmless the County, and its officers and agents, from and against any and all claims, demands, costs, expenses, judgments, causes of G CG Exhibit A Resolution No. 9279 Page 3 of 4 action, and liability which may be incurred for any reason as a result of the use of the softball fields for recreational programs, or as a result of such conditions that might exist at the fields and the support facilities, as a result of the City's maintenance, use or programs. 4.9 The County agrees to defend, indemnify, and hold harmless the City, and its officers and agents, from and against any and all claims, demands, costs, expenses, judgments, causes of action, and liability which may be incurred for any reason as a result of the use of the softball fields for recreational programs, or as a result of such conditions that might exist at the fields and the support facilities as a result of the County's maintenance, use or programs. Section V - Miscellaneous 5.1 This agreement shall have a term of 20 years. It may be renewed for another 20 years at that time, upon mutual agreement. 5.2 Neither part to this Agreement shall assign or transfer this Agreement or any interest therein to another party without prior written consent of the other party. 5.3 Each party to this agreement shall make the other party an Additional Insured on its public liability and property damage insurance for the purpose of this Agreement. APPROVED AS TO FORM: CITY OF SAN LUIS Mayor Allen Settle City Clerk o Exhibit A Resolution No. 9279 Page 4 of 4 COUNTY OF SAN LUIS OBISPO By: Chairman, Board ofrSupervisors ATTEST: JULIE L. RODEWALD Clerk, Board of Supervisors 01U,41 t,c Deputy Clerk APPROVED AS TO FORM AND LEGAL EFFECT JAMES B. LINDHOLM, JR. County Counsel BY: G� Gnu Dated: 2( 51 to Z �1;wA GENERAL SERVICES Ili THE BOARD OF SUPERVISO 6 25 AM 10: 31 COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Tuesday, February 19, 2002 PRESENT: Supervisors Harry L. Ovitt, Peg Pinard, K.H. "Katcho" Achadjian; Michael P. Ryan, and Chairperson Shirley Bianchi ABSENT: Supervisor None In the matter of Consent Agenda: Consent Agenda Items B -3, B -5, and B -7 are amended directing the Clerk to give notice of the hearing not the Director of Public Works. Item B -14 is withdrawn for separate action. Thereafter, on motion of Supervisor Ryan, seconded by Supervisor Ovitt, and on the following roll call vote: AYES: Supervisors Ryan, Ovitt, Pinard, Achadjian, and Chairperson Bianchi NOES: None ABSENT: None Consent Agenda Items B -1 through B -33 are approved as recommended by the County Administrative Officer and as amended by this Board. Consent Agenda Items B -1 through B -33 as amended, are on file in the Office of the County Clerk- Recorder and are available for public inspection. cc: Administration; 02/19/02 cla STATE OF CALIFORNIA ) ss. County of San Luis Obispo ) I, JULIE L. RODEWALD, County Clerk and Ex- Officio Clerk ofthe Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a fall, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of the said Board of Supervisors, affixed this 19th day of February, 2002. JULIE L. RODEWALD (SEAL) County Clerk and Ex- Officio Clerk of the Board of Supervisors By: Deputy Clerk BOARD OF SUPERVISORS' AGENDA FOR FEBRUARY 19, 2002 Page 3 B -6 Submittal of a resolution of intention to annex Tract 2409 to the San Luis Obispo County Flood Control and Water Conservation District Zone 16 for the purpose of drainage basin maintenance; 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING DATE SET FOR APRIL 23, 2002.) B -7 Submittal of a request to authorize assessment proceedings for Tract 2409 for the purpose ofdrainage basin maintenance; 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING DATE SET FOR APRIL 9, 2002.) Auditor - Controller Items: B -8 Request to approve a rate increase of 2.23% for the South County Sanitary Services Inc., effective April 1, 2002. (RECOMMEND APPROVAL.) B -9 Request to approve contracts with Fulbright & Jaworski, and Public Financial Management, Inc., to provide bond counsel and financial advisory services for the finance of the new government center. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.) B -10 Submittal of an unannounced cash count of the Clerk- Recorder's Office conducted on January 25, 2002. (RECOMMEND ITEM BE RECEIVED AND FILED.) Board of Supervisors Items: B -11 Request by Supervisor Achadjian to allocate $1,500 from District Four Community Project Funds, to the Oceano/Halcyon Advisory Group to be used to hold monthly public advisory meetings. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.) B -12 Submittal of a resolution commending C Company, 1 -160 and A Company, 1 -184 Infantry Battalions. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.) General Services Items: 3 Request to approve a joint use agreement with the City of San Luis Obispo for the improvement and use of softball fields at El Chorro Regional Park. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.) B -14 Request to approve a contract with GSI Soils, Inc., to provide construction testing services for the new downtown government office building. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.) • O RESOLUTION NO. 9278 (2002 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION ADOPTING FOREST GREEN AS A STANDARD COLOR FOR DOWNTOWN LIGHT STANDARDS AND STREET FURNITURE (ARC 172 -01) WHEREAS, Sorrento Green is the recognized adopted color used for Downtown light standards and street furniture; and WHEREAS, the City of San Luis Obispo Architectural Review Commission conducted a regular public hearing on December 3, 2001, for the purpose of reviewing a new Forest Green color and finish for downtown traffic light standards and street furniture; and WHEREAS, the Architectural Review Commission recommends adoption of a new Forest Green color for downtown light standards and associated street furniture to replace the existing Sorrento Green color; and WHEREAS, the City Council reviewed the proposed color scheme on January 8, 2002, and considered testimony from staff and members of the public; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action — Adoption of Forest Green. The City of San Luis Obispo hereby adopts Forest Green as a standard color, as shown in Exhibit "A ", for downtown light standards, parking meter poles and associated street furniture, based on the following findings: Findings: 1. The Forest Green color is widely available as a durable powder coat finish for a variety of City utility fixtures. 2. Forest Green is superior in appearance to Sorrento Green and a new powder coated finish for light standards will reduce long term maintenance costs. 3. Forest Green is an accepted, widely used color for existing newsracks and benches. R 9278 0 0 Resolution No. 9278 (2002 Series) Page 2 On motion of Council Member Mulholland, seconded by, Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Vice Mayor Marx, and Mayor Settle NOES: Council Member Schwartz ABSENT: None The foregoing resolution was passed and adopted this 8th day of January 2002. Mayor Allen Settle APPROVED: '. E� /ter .�5•�, ✓ JorgensernF 0 0 Resolution No. 9278 (2002 Series) Page 3 EXHIBIT A Existing light standard shown with new Forest Green color located at the corner of Osos & Higuera Streets, October 9, 2001. P�� ��� • U RESOLUTION NO. 9277 (2002 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON THE DESERET PLACE STREET RIGHT -OF -WAY, BETWEEN CASA STREET AND ITS WESTERLY TERMINUS (ABAN 45 -01) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on August 22, 2001, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of the Deseret Place R/W between Casa Street and its westerly terminus; WHEREAS, a title report prepared by First American Title Insurance Company shows that the City of San Luis Obispo has fee ownership of land underlying the Deseret Place Street R/W, and the City has received a request to quitclaim its rights to said property; and WHEREAS, the disposition of City -owned property must be done in accordance with the City Charter (Section 906), the California Govemment Code (Sections 54222 and 65402) and the procedures of the City's Property Management Manual; and WHEREAS, the City Planning Commission found that the proposed right -of -way abandonment was consistent with the City's General Plan and Property Management Manual, and recommended that the City Council approve the abandonment, based on findings and subject to conditions as indicated in Planning Commission Resolution, incorporated herein by reference; WHEREAS, the City Council conducted a regular public hearing on October 16, 2001, for the purpose of setting a date to hear the abandonment of the Deseret Place R/W between Casa Street and its westerly terminus; WHEREAS, the City Council continued the item to a date uncertain, for the purpose of resolving the compensation instrument for the proposed abandonment; WHEREAS, the City Council conducted a regular public hearing on January 8, 2002, for the purpose of setting a date to hear the abandonment of the Deseret Place R/W between Casa Street and its westerly terminus; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon the above - referenced public right -of -ways as shown on the map marked Exhibit "A ", attached hereto and incorporated herein by reference, pursuant to R 9277 City Council Resolution No. 9277 (2002 Series) Page 2 Section 8300 et.seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings, and subject to the following conditions: Findings: Right -of -Way Abandonment Findings 1. The proposed right -of -way abandonment is consistent with the General plan because it is no longer needed for public purposes. 2. A payment of $65,000 to the Housing Authority as compensation for the property is consistent with the City's property Management Manual. 3. The right -of -way abandonment will benefit the general public by eliminating the City's costs for maintaining pavement and infrastructure within the R/W. 4. The proposed right -of -way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. Disposal of Surplus Property Findings 5. That portion of the right -of -way owned by the City of San Luis Obispo, is surplus property and is no longer needed-for public purposes, and disposal of said property is consistent with the City's General Plan. 6. This City -owned property is not suitable for development of public facilities or affordable housing given its relative small size and irregular shape. 7. Disposition of the surplus property is exempt from the California Environmental Quality Act. Conditions: 1. The applicant shall work with the Housing Authority and the City to establish a compensatory value for the right of way. The compensation to consist of $65,000 shall be paid to the Housing Authority prior to recordation of final abandonment resolution. 2. Reservation of easements for existing public utilities shall be required, to the satisfaction of the respective utility companies, along with any revisions to those facilities as a result of re- development. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. • • City Council Resolution No. 9277 (2002 Series) Page 3 3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment resolution to eliminate landlocked parcels to the satisfaction of the Public Works and Community Development Director. If a lot line adjustment or lot merger is not possible, an access easement may be considered to the satisfaction of the Public Works. 4. The public water main in Deseret Place shall become a private main, along with the fire hydrants. An appropriate backflow devise, valves or other necessary appurtenances shall be installed to City and State standards and any water services and meters within the street must be relocated to the Casa Street right of way, to the satisfaction of the Public Works and Utilities Directors. 5. The existing storm drain easement and pipe system between Deseret Place and Stenner Creek shall be quitclaimed by the City and maintained by the property owner. 6. Streetlights within the abandoned street shall be private and the property owner must assume the energy costs by application to PG &E. 7. Existing parking and driveway easement/agreement must be reviewed to determine if any revisions would be necessary as a result of abandonment. (e.g., if a common driveway and/or private utility easements are necessary within the abandoned Deseret Place R/W, etc.) 8. Modifications to existing frontage improvements shall be required along Casa Street. A "street- type" entrance is acceptable if this is to remain as the emergency entrance; otherwise, a driveway ramp or "alley- type" entrance, sidewalk and curb ramps must be installed, to the satisfaction of the Public Works Director. 9. The public waterline within the Deseret Place R/W shall be abandoned at the mainline in Casa Street. 10. Prior to the issuance of a demolition permit the applicant will be required to submit an alternative emergency vehicle access plan to the Fire Department for approval. Fire and ambulance vehicles currently use Deseret Place as the primary access to the hospital emergency room. The existing fire hydrant at the end of Deseret Place shall be relocated to a location as approved by the Fire and Utilities Departments. • • City Council Resolution No. 9277 (2002 Series) Page 4 SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, February 19, 2002, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street right -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right -of- way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 8th day of January 2002. Mayor Allen Settle ATTE City Clerk Lee Price APPROVED AS TO FORM: i� O • '�:X�i6lT'A' 9277 II, e 1 of 1 crn nmcn �? �DU mmN m'� I I u CZ z f)Z op AmrX O�X OX I 0 V m 4O DZO N� �mN D�N CN $ r Dz 4�N �D jp� 00� zo T I ND DmC m mmrm DZm Cr ... < moz D owo NC ° DO N Cn N `ZN -p �g'm OTC! 'm0 m om- r MC. ;mz - m c0 om�g a= yp� N mmz �mD m� rcp z ® 'V rn ° n -0 Z mmA >= j v om TI A0 � C A N �.ZI� .17 {0 0 0 N czm �-U I I M _ M 00� m .p � 0 Nom z °D mp N o C3 a mm ZD M o Z N 0N z m� zM � 0 r .. °m N � o -1 rz or ° zin m N Z n O Z a 0 Z. R° 0Z NDO P NDm vJ1 D p orn rno�v om mN D e i s N i .�• \\, :', , �.. \` .\ ` Vi'`i��� . \�;. . ., ` A i-.m OD, A,i N I W l m m l p I D ` p Z V Z4 CA r ,\ \ \` O D N o ..,\�\`.` Z a N l® 0 3 s m y m m v oOOOOOOOO mN N m g C i m m C Z Z Z Z A M Z F, (— 0 a � d / LS / AAAA R } oOOOOOOOO mN N m g C i m m C Z Z Z Z A M Z F, (— 0 a YY s r " " DESERET PLACE RRNI DESI G N GftOU 1' AAAA R } Sun Lvw Mx • Mrl.Lrl� e ABANDONMENT MAP $ $ � inw'-- u�..�riuw..u�� rwwr�iw..vwrnxrr Z LA �,o 0 o RESOLUTION NO. 9276 (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING THE POND ON THE JOHNSON RANCH OPEN SPACE AS "FORBESPOND" WHEREAS, the City of San Luis Obispo recently purchased the Johnson Ranch Open Space, in part with grant monies from several different sources; and WHEREAS, one major source of grant funds for this purchase was a private grant from Bert and Candace Forbes of San Luis Obispo; and WHEREAS, the City of San Luis Obispo has adopted policies for the commemorative naming of features owned or operated by the City; and WHEREAS, under said policies the City Park and Recreation Commission did consider the commemorative naming of the pond at the Johnson Ranch Open Space, as a measure of the community's thanks to Bert and Candace Forbes, and has recommended same to the Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares that the pond on the Johnson Ranch Open Space shall henceforth be known as "Forbes Pond." On motion of Council Member Mulholland, seconded by Vice Mayor Marx and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 8t' day of January 2002. Allen K. Settle, Mayor ATTEST Lee Price, City Clerk APPROVED AS TO FORM: R 9276 PP